gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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Chiwere
06-12 03:25 PM
Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.
Testimony from anti immigrants like Krikorian just highlights their own low IQ, one of the touchstones he proposes to identify the "Einsteins". He said bringing workers from outside decouples industry from US education system, but supports allowing foreign trained(with BS/BTech or higher) geniuses in.
Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D
Testimony from anti immigrants like Krikorian just highlights their own low IQ, one of the touchstones he proposes to identify the "Einsteins". He said bringing workers from outside decouples industry from US education system, but supports allowing foreign trained(with BS/BTech or higher) geniuses in.
Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D
PD_Dec2002
09-01 08:49 PM
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen.
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
Update: Did some research. Details posted in http://immigrationvoice.org/forum/showpost.php?p=158966&postcount=40
Thanks,
Jayant
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
Update: Did some research. Details posted in http://immigrationvoice.org/forum/showpost.php?p=158966&postcount=40
Thanks,
Jayant
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GotGC??
04-13 01:06 PM
As two of the more senior members on this forum, please set a good example for others...not this.
Whatever dude!
Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.
In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it
Whatever dude!
Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.
In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it
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sheep
02-22 07:47 PM
i made a castle and put it in Help Build Kirupaville long before this thread started. ....wonder why i wasnt included,,,???
racist sheep haters!
racist sheep haters!
raysaikat
04-10 12:45 AM
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
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gc28262
03-11 06:49 PM
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
.................................................. ...............................................
.................................................. .............................................
.................................................. ................................................
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
.................................................. .............................
Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.
Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.
Don't site examples of companies that are not following rules to make a point.
I am sure you were not air-lifted by one of the US companies from India.
If you are an IIT ian, companies may do that. Not otherwise.
If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.
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abqguy
04-20 12:30 PM
I like this. Simple and straight to the point. Will use this as a template and make changes. Thank you.
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tinku01
02-12 12:29 PM
As I have already accepted that my decision of choosing CP was not right during the time of recession. When dates became current, I thought mine will be current in a month or so and CP is a faster process to get green card as 485 filers some time stuck in name chack and all ( as I know couple of friends). So that was the only reason I filed Cp instead of 485.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
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mirage
03-11 04:59 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
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vnsriv
12-12 03:54 PM
What's the significance of April 30 barrier.
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bluekayal
08-29 05:25 PM
I came through SFO a few days ago. I was prepared to leave if told that I could not stay, (having lost my job last November and not having found another). I was asked if I was still working for the petitioner, I replied truthfully that I was not and that I was looking for another job. I was then told it was OK, and "welcome back".
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
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MerciesOfInjustices
02-21 07:44 AM
Mercies,
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
tattoo of the Notorious B.I.G.#39;s
Shirdibaba
11-03 11:54 AM
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
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akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
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rimco99
07-31 09:10 AM
Howz one to live a moral and compassionate existence when one is fully aware of the blood, the horror inherent in life, when one finds darkness not only in onez culture but within oneself? If there is a stage at which an individual life becomes truly adult, it must be when one grasps the irony in its unfolding and accepts responsibility for a life lived in the midst of such paradox. One must live in the middle of contradiction, because if all contradiction were eliminated at once life would collapse. There r simply no answers to some of the great pressing questions. You continue to live them out, making your life a worthy expression of leaning into the light.
One of the contradictions is NOT obtaining a Green Card.
you sick f$#$!!!
One of the contradictions is NOT obtaining a Green Card.
you sick f$#$!!!
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snhn
09-14 03:40 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Thanks!
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venkygct
08-29 12:40 PM
^^^^
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trishanku
02-13 03:46 PM
mpadapa,
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
dohko
05-08 07:55 AM
Sorry to hear that. I think it really depends on the Country of origin. Neither me nor my friends had any problems at the Embassy in Panama.
swamy
10-27 12:15 AM
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low
even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low
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