mohican
01-14 03:39 PM
Hi Prince Charming,
I have made a post. Please confirm if yours was exactly the same case " subsitution"--leading to 2 applicants seeking same labor and me being left with no I140 since previous employer revoked.
Based on your post, I am hopeful that my MTR gets accepted too. Could you answer the other questions I have raised that relate to post-MTR phase.
Best-
Mohican
I have made a post. Please confirm if yours was exactly the same case " subsitution"--leading to 2 applicants seeking same labor and me being left with no I140 since previous employer revoked.
Based on your post, I am hopeful that my MTR gets accepted too. Could you answer the other questions I have raised that relate to post-MTR phase.
Best-
Mohican
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Dhundhun
06-26 03:08 PM
I don't know how to start a new post so place here....
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
H-1B is dual status with AOS Pending. Since EAD is used now you are in AOS Pending or parolee status.
I think, still H-1B extension can be filed. Also you can continue to work on H-1B with current employer holding H-1B.
With various flexibility, related to H-1B dual status you need to confirm with Lawyer but two things are defenetely acceptable:
1. You are now AOS Pending or Parolee status
2. You can reinstate to H-1B if you file extension/transfer and it is approved with COS.
With Parolee, break is OK. People have been taking break without pay on H-1B also.
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
H-1B is dual status with AOS Pending. Since EAD is used now you are in AOS Pending or parolee status.
I think, still H-1B extension can be filed. Also you can continue to work on H-1B with current employer holding H-1B.
With various flexibility, related to H-1B dual status you need to confirm with Lawyer but two things are defenetely acceptable:
1. You are now AOS Pending or Parolee status
2. You can reinstate to H-1B if you file extension/transfer and it is approved with COS.
With Parolee, break is OK. People have been taking break without pay on H-1B also.
mshelat
05-06 02:52 PM
As I was explained SSA do not classify Economic Stimumus Package as a Federal Benefit. For them Federal benefit is a recurring payment of certain amount and the Stimulus package is just one off.
Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.
Any thoughts/ feedback?
Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.
Any thoughts/ feedback?
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zico123
07-03 04:46 PM
Any good law-firms in the New York City area. My company should begin my EB3 filing early next year.
more...
pvsramu
03-26 11:26 PM
MC,
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
desi3933
03-20 10:17 PM
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
Please explain.
Please explain.
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Totoro
01-29 08:32 PM
I just made a new post about how the new stimulus is going to be denied to immigrants again. Please view the new thread here:
http://immigrationvoice.org/forum/showthread.php?t=23399
http://immigrationvoice.org/forum/showthread.php?t=23399
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desi3933
02-02 12:24 PM
I understand that you guys are frustrated but I did not open this thread to make empty noise. I have written to six different organisations and ACLJ only gave me a reply that they would be unable to process our per courntry quota lawsuit. There are thousands of federal court immigration lawyers in the country who would do this lawsuit albeit with more money than these non profit organisations. If any of you guys want to make a difference in your lives and lives of others pls co-ordinate this event of contacting various immigration lawyers.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Dear XXX:
Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.
Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.
We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.
Sincerely,
AMERICAN CENTER FOR LAW & JUSTICE
Read between the lines and this actually confirms what I am saying all along.
Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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sugaur
05-20 08:37 AM
500 dollars
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Transaction ID: 1ST1130233524193F
Go IV
Transaction ID: 1ST1130233524193F
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gc_check
07-11 11:15 PM
Hey guys,
if you look at Page 8 of I-131, USCIS says that if you filed I-485 after July 30,2007, then you don't need to pay the $305 fees.
Assuming one filed I-485 on 1st August 2007, will he/she be exempted from this fees? Anyone had been in such situation?
You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17
if you look at Page 8 of I-131, USCIS says that if you filed I-485 after July 30,2007, then you don't need to pay the $305 fees.
Assuming one filed I-485 on 1st August 2007, will he/she be exempted from this fees? Anyone had been in such situation?
You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17
more...
suriajay12
04-10 11:17 AM
Dear Dr. Teli (I am sure you are a Dr. because you dont let facts or reality come in the way of your diagnosis of a situation, argument or person, only a PhD can do that)
Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)
I could have told you that. I have never contributed any money to IV and probably never will. Because i dont think they are doing anything. I have, however, answered a few people's questions about AP or H4 visa (something with which i had to spend a lot of time researching). That is the extent of my "contribution". I just answered a few earnest questions to the best of my ability.
You can attack me all you want. For example, probably I am not EB2..Hmm, I thought EB2 was an employment category and not a species classification but I may be wrong...
Anyway, what happens is that whenever a new visa bulletin rolls out, there are all these posts which basically say
1. Contribute
2. We must do something
3. What is IV core doing
4. Where is VDLRAO
5. When will the injustice end
etc etc etc
I have been seeing this for the last 3 years. First things first, If you want to take action, spend 41 cents every day and send a letter to your congressman or senator everyday for 1 year....For $149 per year (365 * 0.41 not counting leap years and counting on the fact that you will mail a letter even on holidays :))
At the end of the year, at least you have something to show for what you did. With IV, you can convince people that Patton Boggs is doing all they can for you, Trust them.
I am not blaming the Core at all, they are doing whateven they can given the limited resources, time and influence they have. But, what I am blaming, is the the "holier than thou" attitude which is adopted when distinguishing between those that are the exalted DONORS and those that aren't :)
Chaanakya,
You said "Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)".
He is not that partial that he leaves others. If you look at my posts, I noticed exactly the same. He appears to know everything about me :) . And I am very sure others here who raise valid points have noticed the same.
Please show some pity of this guy.He probably has no job, thinks supporting blindly gets him some points from core or someone.. He does manage a good # of greens though. Its possible he has 15 to 20 accounts in this forum and logs in with each account, gives greens to rest of them. Please excuse him. I usually dont reply to these folks.
Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)
I could have told you that. I have never contributed any money to IV and probably never will. Because i dont think they are doing anything. I have, however, answered a few people's questions about AP or H4 visa (something with which i had to spend a lot of time researching). That is the extent of my "contribution". I just answered a few earnest questions to the best of my ability.
You can attack me all you want. For example, probably I am not EB2..Hmm, I thought EB2 was an employment category and not a species classification but I may be wrong...
Anyway, what happens is that whenever a new visa bulletin rolls out, there are all these posts which basically say
1. Contribute
2. We must do something
3. What is IV core doing
4. Where is VDLRAO
5. When will the injustice end
etc etc etc
I have been seeing this for the last 3 years. First things first, If you want to take action, spend 41 cents every day and send a letter to your congressman or senator everyday for 1 year....For $149 per year (365 * 0.41 not counting leap years and counting on the fact that you will mail a letter even on holidays :))
At the end of the year, at least you have something to show for what you did. With IV, you can convince people that Patton Boggs is doing all they can for you, Trust them.
I am not blaming the Core at all, they are doing whateven they can given the limited resources, time and influence they have. But, what I am blaming, is the the "holier than thou" attitude which is adopted when distinguishing between those that are the exalted DONORS and those that aren't :)
Chaanakya,
You said "Thank you for doing the homework on my 1 year of postings..Not even my wife pays that much attention to me, makes me feel really valuable :)".
He is not that partial that he leaves others. If you look at my posts, I noticed exactly the same. He appears to know everything about me :) . And I am very sure others here who raise valid points have noticed the same.
Please show some pity of this guy.He probably has no job, thinks supporting blindly gets him some points from core or someone.. He does manage a good # of greens though. Its possible he has 15 to 20 accounts in this forum and logs in with each account, gives greens to rest of them. Please excuse him. I usually dont reply to these folks.
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BornConfused
07-03 03:36 PM
Visa is generally assigned to an application only if it has cleard background checks etc...and ready to be approved... They never assign Visa on receiving the application
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
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Robert Kumar
03-29 08:45 AM
It happened last year no reason why it should not happen again this year :)
In any case i really prefer all you EB2 I guys get their GC and get out of our way so that we EB3 I guys get our (GC) seeing that is the only way we will get ours. :D:D:D
At least if not GC i hope you guys get to file 485 to receive benefits like EAD and AP. Then you will not have to worry about going to India for a vacation. I know it is painfull to go to the embassy again for stamping.
OK, NOW divert all your energies to my thread I just created with sub 'Good news for EB2" as below::
I dont want to raise your hopes too much , but this is from immigration-law.com.
So stop whining and all those posts against other categories. Lets hope the best.. EB2 guys. Pray somehting for us, EB3 s also.
03/09/2011: May 2011 EB-2 Cut-Off Date Substantial Move-Ahead Predicted
AILA has reported that the EB-2 cut-off dates in Visa Bulletin in May 2011 may progress ahead substantially because of large unused EB-1 numbers since October 2010 since it has about 12,000 unused EB-2 numbers. Very good news from AILA and Mr. Oppenheim.
In any case i really prefer all you EB2 I guys get their GC and get out of our way so that we EB3 I guys get our (GC) seeing that is the only way we will get ours. :D:D:D
At least if not GC i hope you guys get to file 485 to receive benefits like EAD and AP. Then you will not have to worry about going to India for a vacation. I know it is painfull to go to the embassy again for stamping.
OK, NOW divert all your energies to my thread I just created with sub 'Good news for EB2" as below::
I dont want to raise your hopes too much , but this is from immigration-law.com.
So stop whining and all those posts against other categories. Lets hope the best.. EB2 guys. Pray somehting for us, EB3 s also.
03/09/2011: May 2011 EB-2 Cut-Off Date Substantial Move-Ahead Predicted
AILA has reported that the EB-2 cut-off dates in Visa Bulletin in May 2011 may progress ahead substantially because of large unused EB-1 numbers since October 2010 since it has about 12,000 unused EB-2 numbers. Very good news from AILA and Mr. Oppenheim.
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h1techSlave
04-29 09:59 AM
Contributed $100 thru paypal (ref: 6AN59936F8359601N).
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sanju_dba
05-27 10:09 AM
Transaction ID: 7MF0998393332203K
Just contributed $50. Cannot make it to DC, but all my well wishes for you!
Just contributed $50. Cannot make it to DC, but all my well wishes for you!
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ajeetp
07-02 01:14 PM
My EAD renewal application was applied on 5/24 to NSC. I got an email on 6/13 saying my case has been approved. On line status says the notice has been mailed on 6/13. But, I have not yet received the card. Should I call USCIS customer service to enquiry about this problem. Thanks for your response.
-Aj
-Aj
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kopra
09-12 11:32 AM
I think Both Sen.Obama and Sen.McCain are interested in legal Immigration. Mitt Romney was a big Advocate of legal Immigration. But of course, these are not the priority Items for both the candidates and also have to reassure the citizens that they will create new Jobs. Both of their plans will not affect Outsourcing
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
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needhelp!
02-10 07:19 PM
Could have got more.. but guess what.. one person from this group of friends had already got everyone else's signature and has mailed out 20 letters for me yesterday!! She is a citizen, and I'm so proud to know someone like her.
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Totoro
05-28 04:22 PM
All,
I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events
Me: submitted SSN form, passport for my minor Son
SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application
My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
link http://immigrationvoice.org/forum/showthread.php?t=18907
That's great news. You can apply for the stimulus payment next year.
I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events
Me: submitted SSN form, passport for my minor Son
SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application
My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
link http://immigrationvoice.org/forum/showthread.php?t=18907
That's great news. You can apply for the stimulus payment next year.
uma001
08-08 10:29 PM
If you dont have an offer from candian employer or you are not an international studen , then you should
�be a skilled worker who has at least one year of experience in one or more of the following occupations:
0111: Financial Managers
0213: Computer and Information Systems Managers
0311: Managers in Health Care
0631: Restaurant and Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors and Accountants
2113: Geologists, Geochemists and Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners and Family Physicians
3141: Audiologists and Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses and Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors and Supervisors, Carpentry Trades
7217: Contractors and Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial and Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters and Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters � Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas and Chemical Processing and Utilities
Where is the computer Engineer or IT analyst, Software Engineer in the list.
So OP (not sure he is in IT) cannot apply for Candada PR.
�be a skilled worker who has at least one year of experience in one or more of the following occupations:
0111: Financial Managers
0213: Computer and Information Systems Managers
0311: Managers in Health Care
0631: Restaurant and Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors and Accountants
2113: Geologists, Geochemists and Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners and Family Physicians
3141: Audiologists and Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses and Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors and Supervisors, Carpentry Trades
7217: Contractors and Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial and Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters and Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters � Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas and Chemical Processing and Utilities
Where is the computer Engineer or IT analyst, Software Engineer in the list.
So OP (not sure he is in IT) cannot apply for Candada PR.
Legal
07-18 03:08 PM
http://www.shusterman.com/pdf/ca708.pdf
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