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unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
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amitga
03-11 11:36 PM
Real April fool
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Almond
07-05 02:38 PM
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
OK, I understand what you're telling me. In an earlier post I mentioned that I can understand how someone who's been here a while and has a certain tie to this place can justify spending money on it and perhaps at a certain point I will as well-just not right now on my second day of posting, and yes I understand now that it does more than just provide a venue for us to communicate. Please don't use "forever" when I am waiting for my GC, :( say "a little bit longer":)
OK, I understand what you're telling me. In an earlier post I mentioned that I can understand how someone who's been here a while and has a certain tie to this place can justify spending money on it and perhaps at a certain point I will as well-just not right now on my second day of posting, and yes I understand now that it does more than just provide a venue for us to communicate. Please don't use "forever" when I am waiting for my GC, :( say "a little bit longer":)
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sanjaymm
10-29 01:43 PM
I have mailed a notorized letter. I have also forwarded the link to other friends who may have missed this action item.
Sanjay
Sanjay
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vandanaverdia
09-11 01:51 PM
GC is not too close....
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
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sheela
10-18 06:54 PM
Well,
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
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ivdude
01-16 05:04 PM
I faced this pain before christmas
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desi3933
01-30 11:05 PM
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
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svr_76
02-18 08:57 PM
It will not cause backlog for the undocument. Check my previous posting on this thread. The bill states that aliens adjustment by DHS sec. using this bill will not affect from the numercial visa numbers. In short- No backlog for undocumented folks whereas per country quote of existing application India, China continues...
Anyways...who said ppl are wanting to fix the legal immi. problem here...Here the interest in more in the other category.
Anyways...who said ppl are wanting to fix the legal immi. problem here...Here the interest in more in the other category.
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nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
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feedfront
11-08 11:39 AM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
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Refugee_New
02-21 11:03 AM
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
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varshadas
01-31 10:01 AM
Please let me know if we can have a conference call tonight to finalize the flyer. We have to close out the flyer today.
Thanks,
Varsha
Thanks,
Varsha
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brawn81
11-06 11:56 AM
Thanks
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satishku_2000
08-15 04:30 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
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GCOP
07-11 02:07 PM
How many applications are pending for EB-3 (I). ?
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
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bazuka6
11-21 11:02 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
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extra_mint
08-27 12:54 PM
Logically CP numbers should be included in USCIS report.
All FB-485 are CP numbers so I am assuming that they do have numbers for CP for EB-485.
Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?
All FB-485 are CP numbers so I am assuming that they do have numbers for CP for EB-485.
Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?
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dummgelauft
08-21 11:33 AM
Uscis has done nothing wrong.
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
saravanaraj.sathya
03-10 03:02 PM
There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
diptam
07-01 09:38 PM
Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.
He/She crossed the line somehow.
Pappu,
You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..
He/She crossed the line somehow.
Pappu,
You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..
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