NKR
03-07 11:32 AM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
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downthedrain
02-02 07:09 PM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
keshtwo
08-15 05:15 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
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desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
more...
Maverick1
07-29 01:12 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
:D:D
:D:D
go_gc_way
12-27 08:53 PM
Thank you,Perm2GC, cshen, you folks are simply EXCELLENT.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
more...
nyte_crawler
04-07 12:32 PM
After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
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xyz2005
07-24 11:26 AM
There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.
When did he get back the package?
Does it have a rejection notice in it?
I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.
When did he get back the package?
Does it have a rejection notice in it?
I think these two key questions can throw more light on this. Can you enquire and post here for everybody's reference? We will really appreciate that.
more...
ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
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sayantan76
01-18 08:27 PM
Once while visiting Niagara falls, I took a wrong turn towards the bridge to Canada, and the officer wouldn't allow me to turn back, but told me to go to Canada. Since I did not have my passport or visa with me the CA people wouldn't let me inside their country. I told I took a wrong turn when looking for a gas station, and they finally let me turn back to US. But since I did not have the passport the US guys wouldn't let me in here. I told them the same story I took a wrong turn. I was taken in for questioning by the main guy there. The officer finally took my drivers licence (and my employee id which luckily I had) and I think he checked it in his system. After a long while he came back, and told that I can get in, but told me to carry the passport & visa at all times. When this all happened I had my 15 mo daughter with me, 'coz she was in the car (wife and others were going up in the hot air baloon:)). I think my little girl helped somewhat 'coz she's a US citizen :). Above all praise God for that day!!
interesting - if Canada did not let you enter and US did not allow you to come back - you would have been stuck on the friendship bridge for the rest of your life :-)
interesting - if Canada did not let you enter and US did not allow you to come back - you would have been stuck on the friendship bridge for the rest of your life :-)
more...
CSPAvictim
07-09 07:55 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
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GCKaMaara
03-12 10:59 AM
It doesn't make sense on either side:
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
more...
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ramus
07-02 06:13 PM
Why we just have $300 contribution so far when we have 1500 members online.. Lets put this thred in every thread..
Pappu, can we put this thread on home page..
Pappu, can we put this thread on home page..
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ags123
03-10 07:30 PM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
I have seen high activitiy in the last few months.
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MDix
03-10 03:14 PM
I hope I have answered your question (in red). :)
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
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SFSweta
09-10 02:43 PM
So there you have it - no vote on the bill today...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
more...
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msyedy
06-13 08:45 AM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
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Raj2006
06-10 04:49 PM
done.
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trueguy
04-06 05:55 PM
Do you know the POE?
tikka
07-02 08:20 PM
I put in $100 today to fight for our cause
for your contribution:)
for your contribution:)
abhijitp
07-28 02:02 AM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
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