nvmurali
06-02 08:25 PM
If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.
As far joining new Employer, you can only join them with H1B with 140 waiting status.
What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?
As far joining new Employer, you can only join them with H1B with 140 waiting status.
What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?
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eyeinfinitude
10-09 07:30 AM
Dessoya gets my vote, I like the morbid approach.
senthil1
09-12 11:29 AM
There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
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manderson
12-29 07:56 PM
have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
more...
sareesh
03-31 09:54 AM
I just called Halifax and they told me that I am not eligible for Visa in Halifax,
eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.
I will cancel my appoint.
Thanks,
SG.
eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.
I will cancel my appoint.
Thanks,
SG.
godspeed
01-15 09:16 AM
You have done all the right things, sit tight, all izz well.
It would be helpful to others if you can blog the cover letter and the AP explanation letter.
Great, so I see so many fast cases here.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
It would be helpful to others if you can blog the cover letter and the AP explanation letter.
Great, so I see so many fast cases here.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
more...
diptam
06-24 05:08 PM
I'm sorry i didn't understand you - If i apply EAD/AP in AUG/SEP why it wont be FREE ?
I'll file 485 july 1st but i'm not in a hurry for EAD or AP because my extended
H1B is still Jan 08 and i'm not travelling before Xmas 07 time ....
Thanks in advance !
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
I'll file 485 july 1st but i'm not in a hurry for EAD or AP because my extended
H1B is still Jan 08 and i'm not travelling before Xmas 07 time ....
Thanks in advance !
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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eb3_nepa
10-06 03:46 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
Where did you get this information from? Can you please show a source?
Where did you get this information from? Can you please show a source?
more...
yettapu
01-26 03:10 PM
when i click that Vote its not doing anything. Where I can register in the site so that it will reflect who voted for surveys??
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sdrblr
06-29 05:57 PM
Thank you all for your quick response. It was very helpful.
more...
chanduv23
09-10 06:47 AM
Post mortem would reveal a lot of information - but I doubt if the officials would ever do that - the very fact that they reversed the bulletin fearing investigation and media publicity is that something "not very good" has been happening and they covering it up by saying backlogs, retrogression, process must be improved, etc...
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myuname
06-18 11:14 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
but I am not an expert so I guess others around here might have a different take. Best,
more...
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SmSm
05-25 12:53 PM
any one???
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tpcool
05-31 10:21 PM
Thanks, this helps.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
more...
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sanan
06-05 08:29 AM
I got mine today! 5 year long wait ...Phew!!
Although I am yet to file for my wife...who is on H4...what happens to her status?
Although I am yet to file for my wife...who is on H4...what happens to her status?
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WFGC2006
02-15 10:53 AM
has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
more...
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overhere
07-18 08:08 AM
Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
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kiru_99
10-30 12:47 PM
Hi,
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
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FinalGC
10-21 08:46 AM
Yes, your company can do that, however this can only be done for a period of 1 year.
This is what most of the consulting firms do...if you see most of their projects are never more than 1 year. This is a way to save taxes for employees and employer.
However, after 1 year you cannot claim any expenses. if the company allows it, then they will be in trouble and not you. Otherwise, find another project at least 50 miles away from your current location.
So what your company is doing is legal....
This is what most of the consulting firms do...if you see most of their projects are never more than 1 year. This is a way to save taxes for employees and employer.
However, after 1 year you cannot claim any expenses. if the company allows it, then they will be in trouble and not you. Otherwise, find another project at least 50 miles away from your current location.
So what your company is doing is legal....
pani_6
06-05 09:52 AM
I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October(next financial year) again there may be forward movement..what do you guys think!
shantanup
10-15 08:25 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
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