vin13
06-24 07:08 PM
Firstly, I'm a supporter of CIR...but I still sense some ambiguity in these lines...
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
The specific details is what we are all waiting for. CIR seems to be the only way to expect some change for EB. We need to work for this change to be a good one for us.
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
The specific details is what we are all waiting for. CIR seems to be the only way to expect some change for EB. We need to work for this change to be a good one for us.
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chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
morchu
04-19 11:56 AM
10+2+1+3 ?
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
You have two options:
1. Prove that the requirement for 3 year diploma, was 10+2+1
2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.
-Morchu
So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.
2011 vin diesel brother dwayne. vin
priderock
07-10 10:06 AM
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
You are naive to think that. That was just his mask. He opposes all and any immigration.
You are naive to think that. That was just his mask. He opposes all and any immigration.
more...
sanjay
07-02 03:47 PM
Medical Fees: $718
Attorney Fees: $1165
Photographs: $43.26
USCIS Fee: $1490
Birth Certificates/Affidavits from India around: $300
FedEx: $47.92 (overnight)
Total: $3764.18.
And did not value my hours for preparing forms and collecting documents.
Request: May be USICS can calculate value for all those sleepless nights. (Let me know ASAP).
Attorney Fees: $1165
Photographs: $43.26
USCIS Fee: $1490
Birth Certificates/Affidavits from India around: $300
FedEx: $47.92 (overnight)
Total: $3764.18.
And did not value my hours for preparing forms and collecting documents.
Request: May be USICS can calculate value for all those sleepless nights. (Let me know ASAP).
slowwin
05-15 05:54 PM
The Bill says "in a field of science"......which also includes MBA.......
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
It does not matter what the dictionary defines SCIENCE as. STEM degrees are defined by USCIS. OPT extension to 29 months applies to STEM degrees too:mad:
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
It does not matter what the dictionary defines SCIENCE as. STEM degrees are defined by USCIS. OPT extension to 29 months applies to STEM degrees too:mad:
more...
pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
2010 vin diesel brother dwayne.
kode
02-02 06:16 PM
yeah ! i really like one entry and i wanna vote for it !! :*(
PS: good luck everyone ;)
PS: good luck everyone ;)
more...
sunny1000
04-03 08:33 PM
Sent the faxes #10 and 11 yesterday :D
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svgupta
05-15 12:19 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
more...
nshah1968
04-03 09:45 AM
Send fax # 10 and # 11.
Thanks for all great work.
Thanks for all great work.
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downthedrain
02-17 04:55 PM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
another LUD today for me 02/17
another LUD today for me 02/17
more...
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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
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suresh.emails
08-07 05:53 PM
Now the actual tension started to me.
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
Is my H-1b still valid. I have scheduled travel on August 15'th 2008 via London (LHR). I believe, London airport does not allow any one with out proper visa's and documentation.
Does GC approval triggers automatic canellation of H1-B visa ( which is valid until Dec 2010)
How can I start another GC process , when they just approved a GC ( on August 06, 2008)
I heard some thing called Transfer of Residency. What is that?.
- Suresh
more...
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dtekkedil
07-06 03:34 PM
Yes!
dresses vin diesel brother. vin diesel
EndlessWait
10-02 12:48 PM
NSC->CSC->NSC for 485
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
EAD/AP by CSC.
any idea on what are the processing dates for EAD and AP at CSC
and also finger printing timelines
more...
makeup vin diesel brother. vin diesel
desi3933
08-18 03:41 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
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coloniel60
08-15 11:44 AM
You can't. No lawyer will do so as this is fraud. If uscis is able to track it down, ie: they kept the envelope, then such a person is in trouble.
You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.
USCIS is already making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11th, they say wait for 90 days.
You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.
USCIS is already making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11th, they say wait for 90 days.
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kedar_007
02-07 08:18 AM
Hello All-
I am going to India via Franfurt next week.
I have AP with visa expired.
I saw the following document on German Consulate - New Delhi. http://www.new-delhi.diplo.de/contentblob/1827030/Daten/857105/DD_Airport_Transit_A.pdf
It says:
- a valid residence permit or visa for the USA, Japan, and Canada
- An Airport Transit Visa is not required for holders of valid visa issued by
Bulgaria, Romania, Cyprus, Ireland, United Kingdom, Canada, Japan or
the USA irrespective of the travel destination.
I have a Canadian Visitor Visa. Do you think I will need Airport Transit Visa or I am reading it wrong?
Thanks for any help!
I am going to India via Franfurt next week.
I have AP with visa expired.
I saw the following document on German Consulate - New Delhi. http://www.new-delhi.diplo.de/contentblob/1827030/Daten/857105/DD_Airport_Transit_A.pdf
It says:
- a valid residence permit or visa for the USA, Japan, and Canada
- An Airport Transit Visa is not required for holders of valid visa issued by
Bulgaria, Romania, Cyprus, Ireland, United Kingdom, Canada, Japan or
the USA irrespective of the travel destination.
I have a Canadian Visitor Visa. Do you think I will need Airport Transit Visa or I am reading it wrong?
Thanks for any help!
vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
jai007
12-20 02:48 PM
Recently I had a very bad experience with CGI Houston. The CGI Houston is one of the horrible consulate that any one can imagine. I applied PIO card for my new born. I forgot to send the birth certificate with the application. They rejected the application and sent all my documents to my friends home address who was also applied PIO card for his child. Surprisingly he got one more guy�s (he is from another state) PIO card application and documents in the same package. I was lucky enough that it reached my friends hand. Otherwise I could not imagine what would have happened to my application and also the Certified Check.
I don�t know the consulate want to save courier money or they are irresponsible?
I don�t know the consulate want to save courier money or they are irresponsible?
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