coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
uscis_prob
08-15 06:44 PM
Hi Tom,
Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.
Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.
Its rather a tense moment as I am on my 7th year extension.
Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.
Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.
Its rather a tense moment as I am on my 7th year extension.
waitin_toolong
04-18 10:14 PM
Greg Siskind on Immigration Law and Policy: WHAT TO DO IF THE ICELAND VOLCANO IS DELAYING YOUR DEPARTURE (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
Steve Mitchell
March 3rd, 2004, 02:41 PM
I like. The varying tones are very interesting. I'm sure the black and white version looks better than the color.
more...
dakajo
09-05 09:05 AM
Same here: Filed AP on August 1st and got the receipt on the 25th, but have yet to receive the I-485/EAD receipts, which were filed on July 6. What can we do?
shirish
09-17 02:53 PM
Bump
Any one who did not send the medicals with the I-485 application, got RFE yet?
Any one who did not send the medicals with the I-485 application, got RFE yet?
more...
GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
vinnysuru
03-30 12:26 AM
You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
more...
uskiwi
05-19 10:41 AM
My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.
paskal
02-14 08:38 PM
WD is right that this is a model for groups with specific issues within iv. it is not possible for iv leaders to maintain focus on every issue in the realm of this warped system. as an organization it is only appropriate for iv to focus on the big overarching goal of ending retrogression to benefit all.
however specific groups do have a way to take initiative for their issues within the iv framework. it is necessary though to find leaders, take initiative and build your own momentum with continuous efforts.
iv-physicians is a model for this and it's hopefully continued and eventual success will inspire others.
however specific groups do have a way to take initiative for their issues within the iv framework. it is necessary though to find leaders, take initiative and build your own momentum with continuous efforts.
iv-physicians is a model for this and it's hopefully continued and eventual success will inspire others.
more...
dbevis
February 12th, 2004, 09:41 AM
Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
perm2gc
01-08 03:28 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
more...
calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
hpandey
11-16 01:30 PM
DREAM Act should actually be called DREAM ON Act... its been hanging in the air since 2001 . Next year it will complete its decade of political verbal support and all its supporters can be happy that it survived another year.
Any politician supporting immigration bills this year is not going to be in office next time.
Any politician supporting immigration bills this year is not going to be in office next time.
more...
desighee
06-19 10:22 AM
if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Print
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
santosh08872
02-24 07:30 AM
Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
more...
Hey Ram GC
05-05 04:22 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
rbashir
09-01 09:18 AM
I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.
mrajatish
06-18 05:55 PM
Exactly the same as mine (except that I needed to copy whole passport)
reno_john
01-19 08:54 PM
For 140 approval it takes anywhere between 6 to 8 months. Last year, the wait time was less.This is normal and the wait time will keep on increasing. Because last year there was few number of labors approved but as the days pass by that number will keep on increasing. My friend with I140(NSC) applied date of June 2006 was approved last week. My first I140(TSC) applied on Feb 2006 was approved by August 2006 and my second I140(NSC) applied in Sep 2006 is pending till today.
And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.
And if you try to break the queue by premium processing then the chances of getting a dumb RFE( A no sense evidence to the case applied) is 99.99% because they want more time to process the case.
vxb2004
04-27 09:20 PM
Hello,
I used AC21 and switched from company A to company B, 13 months back and started working with my EAD. In the mean time company A attorney sent H1B withdrawal notice to USCIS 11 months back as part of a normal procedure. Since then I have noticed 4 soft LUD's. I had one yesterday. Is this a common occurrence? Please advise.
I used AC21 and switched from company A to company B, 13 months back and started working with my EAD. In the mean time company A attorney sent H1B withdrawal notice to USCIS 11 months back as part of a normal procedure. Since then I have noticed 4 soft LUD's. I had one yesterday. Is this a common occurrence? Please advise.
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