but, Once I was stopped at the airport by a security agent while travelling within US and he asked me abouit my status. When I mentioned I am on Work Visa he asked me to show the passport and Visa, I was not carrying one. I showed him my DL, He was on call with someone for 20-30min and come back returned my DL and istructed to carry the passport whenever travelling.
Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.
Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.
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But...I'm not comfortable with subject, that is starting with a question.. ( reply to svn's post)
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
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You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.
In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.
I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.
It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.
kaisersose - thanx for your input....
I am not moving so address change might not be issue......and I like your suggestion of watching the case online ourselves....
regards!
In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.
I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.
It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.
kaisersose - thanx for your input....
I am not moving so address change might not be issue......and I like your suggestion of watching the case online ourselves....
regards!
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
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Soul has my vote. I especially like the kid in blue buried in the snow bank! :)
Great work!
Soul has my vote. I especially like the kid in blue buried in the snow bank! :)
Great work!
Bit sluggish at the year end, but loads of requirements lined up for January next year.
Hoping positive on this...In first Q atleast by March,09!! the market will be back from the backlogged IT projects boom..??
Hoping positive on this...In first Q atleast by March,09!! the market will be back from the backlogged IT projects boom..??
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This is one critical thing that USCIS must consider.....USCIS must have another way to handle EAD applicants with H1 or L1 and fast-lane for those without. H1 and L1 applicants (except those expiring soon and no more chance to renew) do not need EAD immediately while those without H1 or L1 needs it immediately.
Irony is always part of the game. I always see the good side of every people and that makes me happy. I do not see people who seek good for themselves as seeking ill for others. It is just others see it the other way around.
Irony is always part of the game. I always see the good side of every people and that makes me happy. I do not see people who seek good for themselves as seeking ill for others. It is just others see it the other way around.
Does anyone have PHP experince for this work? Please PM me.
Thanks
I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?
Thanks
I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?
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I received an RFE too in Nov 1st week. It was about the evaluation. (It was submitted earlier but still) Lawyer mailed them the required document and now the status has changed to "We received your response to the request on Nov 14th and the case processing has resumed".
How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
how many days did it take for you to receive the rfe notice from the date they mailed you?? was u r s a 3 yr degree or a 4 yr degree?
How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
how many days did it take for you to receive the rfe notice from the date they mailed you?? was u r s a 3 yr degree or a 4 yr degree?
Please add me to the IL state chapter.
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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I totally agree with u we dont know what situation that guy must be to take this decision..Here people gets panicked when they dont get their EAD card and Advance parole in time. So guys just pls pray that his soul gets peace...
"His soul gets peace"? Are you kidding me? This is a guy who murdered his entire family. Sorry, I have no sympathy for him. Let's not call this thing a suicide okay? He killed 5 or 6 people, that too his own family members and that is murder. The fact that he committed suicide is irrelevant.
"His soul gets peace"? Are you kidding me? This is a guy who murdered his entire family. Sorry, I have no sympathy for him. Let's not call this thing a suicide okay? He killed 5 or 6 people, that too his own family members and that is murder. The fact that he committed suicide is irrelevant.
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Working as a Contractor for an Indian based Consulting Company who make the money? The company or the consultant? There you have the answer.
(Considering the fact that you are paying for the GC process, stuck with the Company, cannot demand for a hike b’coz he know you are stuck and your H1 is 6+ years)
I am not talking about SAP Consultants. Take an average Software Consultant.
The Story may be different when working for a “friends” Consulting Company. But this is in general.
(Considering the fact that you are paying for the GC process, stuck with the Company, cannot demand for a hike b’coz he know you are stuck and your H1 is 6+ years)
I am not talking about SAP Consultants. Take an average Software Consultant.
The Story may be different when working for a “friends” Consulting Company. But this is in general.
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Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
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Well they will ask for police clearence form every country where u have stayed for 6 months or more after age of 18.
So if he/she stayed for less than 6 months in singapore then its not even needed
So if he/she stayed for less than 6 months in singapore then its not even needed
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some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
I agree, STAY UNITED.
I agree, STAY UNITED.
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How can you say that its not legal? When you sign that contract or piece of paper, it means you are acknowledging to all that is in there. Whether you like it or not, when you sign a paper you essentially are saying, "hay! i read this and I agree, here is my signature"...correct me if I am wrong...
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
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My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
Thanks guys for your reply. This was tremendous knowledge that you guys dumped in.
Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.
Thanks guys for your reply. This was tremendous knowledge that you guys dumped in.
Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.
Correction: July 17th 2007 & July 28th 2007 - Please correct it.
Could not understand what you mean by 'these 485s are still unadjudicated'. Of-course yes, that's why the dates are moved further so that they can get adjudicated.
Again 'Once they get adjudicated there would be retrogression' what do you mean? If they all get adjudicated then what is the reason of retrogression again? Am I missing something here? May be we can take it like this, depending upon the volume of the approvals, the dates will go back, higher the approvals, lesser the retrogression.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
Could not understand what you mean by 'these 485s are still unadjudicated'. Of-course yes, that's why the dates are moved further so that they can get adjudicated.
Again 'Once they get adjudicated there would be retrogression' what do you mean? If they all get adjudicated then what is the reason of retrogression again? Am I missing something here? May be we can take it like this, depending upon the volume of the approvals, the dates will go back, higher the approvals, lesser the retrogression.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
