VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
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cybergold
04-28 05:29 PM
How is that possible?? http://www.freewebz.com/cybergold My picture is in there, is there any way to make it a hyperlink?
belmontboy
10-06 08:47 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
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vamsi_poondla
09-10 10:45 AM
All,
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
more...
nomorelogins
11-27 04:26 PM
http://en.wikipedia.org/wiki/The_Goose_That_Laid_the_Golden_Eggs
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
hsingh82
10-12 05:33 PM
I saw this article about eliminating the diversity visa program and using those numbers for EB categories.
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
I doubt that it will go anywhere but if does it would be really good for us.
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
I doubt that it will go anywhere but if does it would be really good for us.
more...
bslraju
09-14 11:42 AM
Thanks in advance gurus!!
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
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number30
07-23 12:20 AM
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
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ameerka_dream
05-08 09:22 AM
Can anybody or Can any attorney respond to my question??
Thanks in advance.
Thanks in advance.
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InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
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paskal
06-20 12:52 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
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hmehta
08-08 03:36 PM
No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
more...
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msyedy
12-13 11:59 AM
Well people say that a) Dem should talk about CIR too.
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
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anu_t
08-27 02:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .
With the same job role it is not Possible .
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gcformeornot
05-03 02:18 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
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american_dreams
08-01 01:51 PM
Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
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PHANI_TAVVALA
02-26 02:14 PM
Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.
It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D
It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D
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uma001
05-07 10:35 AM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
Buddy, You won't get legal notice . Don't worry too much. Company A is just threatening you.
Buddy, You won't get legal notice . Don't worry too much. Company A is just threatening you.
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jkays94
03-22 02:04 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
funny
09-30 05:57 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
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