gc_bulgaria
02-12 02:47 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
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nixstor
04-13 06:30 PM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
raju123
06-26 12:25 PM
NumberUSA reported following possible amendments. Nothing for EB !!!
If this is the case, we should strongly oppose the bill.
http://www.numbersusa.com/hottopic/senateaction0507.html
According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
If this is the case, we should strongly oppose the bill.
http://www.numbersusa.com/hottopic/senateaction0507.html
According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
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rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
more...
2BeeNot2Bee
10-13 10:08 PM
How about spiderman style? Undies outside
you mean Superman or Spiderman?:D
you mean Superman or Spiderman?:D
hiralal
08-14 06:36 AM
this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down
more...
vik352
12-08 11:58 AM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Can we cancel her GC application and bring her back on H4?
Any other options?
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aillarramendi
10-01 12:22 PM
Is the PD for AOS same than Consular Processing??
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
more...
Life2Live
01-23 10:56 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
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bsbawa10
09-02 11:39 AM
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
I think right now the customer service/info pass people are just saying whatever comes to their mouth at that point of time or what they can see on their monitors. They do not research into the case at all. To me that is not customer service at all. Rather it is a disservice in the sense that I got nothing but confusions from them. I still do not know where my case is right now in CSC or TSC. I got three different answers to the same question. The interesting thing is that on talking to the customer service (who said my case is still in CSC), I argued and said that CSC says that it is back in TSC, the reply was, "so it must be in TSC ". In other words, she repeated my own words.
more...
nat23
06-26 12:15 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
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my2cents
08-04 03:53 PM
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
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vaayu
06-28 09:16 AM
We've used this service last two times and it was great. His name is Mark.
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larryking
10-22 06:55 PM
485Mbe4001 thanks for your reply. If you look at visa bulletin - Priority date for EB 3 is 1 Aug 2002. So from your reply, I gather, that they would look at processing all the applications they have on file from 2002 upto 2007 for "Latvia". And only if they end up with some visa numbers remaining due to lack of applicants, will those number be transferred to other countries.... Right??
more...
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raj2007
06-17 02:32 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
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Juan28210
11-03 05:16 PM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
more...
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kish006
12-27 04:01 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
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bmoni
12-22 11:55 AM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
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lonedesi
06-26 03:30 PM
Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill
raju123
07-18 12:53 PM
The Gandhi's philosophy indicates the peaceful protest against obvious injustice. The USCIS/DOS decision to stop accepting I 485 from July 2 was the obvious injustice due to couple of reasons; First, it is un precedent and legally not right to stop accepting I 485 when they made big weekend rush to use all visa. Second, No one can suddenly on and off as thousands of people preparing stuff in advance based on the visa bulletin.
We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!
We can not use Gandhigiri for increasing visa number or expediting their immigration process. We can only request. it is not our right hence sending flower to PERM agency is not a good idea. Brahmastra (ultimate weapon) can be used at appropriate time only!
mirage41
06-13 05:04 PM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
What does 'marked up' mean?
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
What does 'marked up' mean?
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