h1techSlave
06-29 07:58 AM
The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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desi3933
07-10 03:52 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
econ775
10-12 10:43 AM
Check got cashed this morning.. July 3rd filer reached NSC at 11.04 AM... it was a long wait...
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prakgc
12-26 02:04 PM
Dingudi.. sent you a PM ..
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
more...
thomachan72
05-23 06:54 AM
This is a letter that I sent to the compete america group
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
pappu
09-01 09:18 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
more...
reddymjm
06-07 10:53 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
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aka
06-18 12:23 PM
I-140 already approved, I-485 details (same for both me and my wife):
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
more...
apahilaj
01-08 05:06 PM
Apahilaj,
Just sent you a PM. Please check your inbox.
Just replied you through PM.
Just sent you a PM. Please check your inbox.
Just replied you through PM.
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mirage
03-10 12:54 PM
I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
more...
anotheroneonqueue
08-26 03:36 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
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dixie
12-14 06:25 PM
F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
more...
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desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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drirshad
08-13 11:12 PM
Cool calculation ..............
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
more...
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desi3933
09-03 01:52 PM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
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rayoflight
11-18 03:20 PM
Done. Will setup appointments next week.
more...
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probe
10-03 04:14 PM
how do you track if the money order was cashed?
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
Check your money order receipts (or stubs) .Most of them will have official website (for instance western union) where you can track your MO .They will also provide customers with 24 X 7 toll free access number where you can check status.
You can also request photo copy of cashed MO but you will end up paying 12 bucks are more on each MO .Hope that helps...
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buddyinsd
08-26 02:36 PM
All the wait for nothing? SUCKS BIG TIME
May be avoid and defer..
May be avoid and defer..
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mattresscoil
11-18 12:17 PM
Done
Email sent to
Senator George LeMieux (R-FL)
Senator Bill Nelson (D-FL)
Representative Ander Crenshaw (R-FL 4th)
Email sent to
Senator George LeMieux (R-FL)
Senator Bill Nelson (D-FL)
Representative Ander Crenshaw (R-FL 4th)
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
xela
09-27 08:57 AM
So yes I have a masters and my old company forced me into EB3. If it would have been just that easy that there was 150000 new jobs out there where i could have gone and filed under EB2 I would have. But guess what for most of us it was/is not, especially now. I do not know anyhting about the so called top companies you mention or the Desi ones. I am no computer science major, and I am sure not all of us here are. So please before you make it sound like it is so simple cus it's America, live a few days in someone elses shoes first and then talk. I dont go around and say hey well why didnt you get born in another country... we all are in our own shoes, and understanding someone elses will broaden your horizon and make you less likely to judge people, so try it :-)
This new comapny would have done EB2 if I would have started with them, however i am EB3 row june 2005 and I am hoping my date comes up soon because to be honest i dont have any more money to spend on it all after 10 years. I could buy a new car for what I already spent on it.
Either way good luck everyone I hope we can all work in peace together instead against eachother!
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
This new comapny would have done EB2 if I would have started with them, however i am EB3 row june 2005 and I am hoping my date comes up soon because to be honest i dont have any more money to spend on it all after 10 years. I could buy a new car for what I already spent on it.
Either way good luck everyone I hope we can all work in peace together instead against eachother!
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
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