mygc2006
08-20 01:19 PM
Priority Date - Aug 2002
EAD Renewal Mailed - Aug 5, 2008
Received by USCIS - Aug 9,2008
Last LUD - Aug 19, 2008
EAD Renewal Mailed - Aug 5, 2008
Received by USCIS - Aug 9,2008
Last LUD - Aug 19, 2008
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dealsnet
04-22 07:34 AM
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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ItIsNotFunny
06-13 07:53 AM
My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
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100mya
11-17 08:21 PM
Sent the email
hazishak
07-04 10:50 PM
I think we should write in only one thread about this VB mess until it is over. New users like me are getting hard time to find out the latest development of the VB issue. Either we should start a new thread or stick with only one. regardless of the subjetc/issue, we should post all our message into one single thread so that every one is on the same page.
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sapota
10-08 01:03 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
2010 Christina Aguilera
BharatPremi
11-08 01:00 PM
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
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knnmbd
05-02 02:56 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
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shaq
05-19 01:13 PM
I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .
Have you received your FP?
Have you received your FP?
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gomirage
06-25 03:30 PM
Do we have any other choice than waiting to start all over (another 2 to 3 years ?)
http://www.ocregister.com/ocregister/news/atoz/article_1192606.php
http://www.ocregister.com/ocregister/news/atoz/article_1192606.php
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nousername
02-02 01:14 PM
Minimalist....
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
more...
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spulapa
02-02 10:22 AM
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
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hebbar77
05-08 03:11 PM
When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
more...
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msily
07-19 09:36 PM
I am in
$200.00 to start. Will definitely contribute more.
$200.00 to start. Will definitely contribute more.
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mariner5555
04-30 02:29 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
more...
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hotammo
08-26 09:02 AM
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
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desi3933
07-08 04:44 PM
<< Duplicate Post >>
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desi3933
07-09 12:24 PM
Section 245.1 (g)
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
(g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.
[Emphasis added for clarity]
______________________
Not a legal advice.[/QUOTE]
lutherpraveen
10-08 12:15 PM
Same here. No update. Same parameters as yours.
I am still waiting?
I am still waiting?
desi_scorpion
08-02 10:32 AM
Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx
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