desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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dealsnet
09-27 02:26 PM
I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.
I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.
brshankar
08-06 10:24 AM
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
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zxcvb
07-17 10:37 PM
Hi UN,
What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?
Thanks in advance
What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?
Thanks in advance
more...
ItIsNotFunny
01-06 01:15 PM
Israeli shelling kills more than 40 at UN school in Gaza.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
anilsal
11-11 08:52 PM
Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
more...
Rayyan
01-07 05:58 PM
^^^^^
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unitednations
03-25 06:59 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
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mariner5555
04-09 10:51 PM
we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
------
House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
It is forecasting further falls in US house prices of 14% to 20% this year.
---------
GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..
a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
------
House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
It is forecasting further falls in US house prices of 14% to 20% this year.
---------
GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..
a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.
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riva2005
04-08 11:43 PM
Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.
If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.
What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.
Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.
This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.
Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.
Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.
So in a nutshell, they(IEEE-USA) are against H1B employees if they :
1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.
So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.
Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.
Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.
more...
jgh_res
06-12 10:57 AM
It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
Guys.. stay put for now..
Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...
Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..
When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
Guys.. stay put for now..
Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...
Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..
When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.
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ShantiRam
07-11 11:18 AM
My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?
more...
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gimme_GC2006
03-23 12:31 PM
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless to check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Google 'identity theft' and you will be surprised.
Do not answer anyone unless to check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
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chanduv23
04-12 04:46 PM
Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.
Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
(1) Either your employer enslaved you
(2) or You did it on your own
40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.
Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
(1) Either your employer enslaved you
(2) or You did it on your own
40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.
more...
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psam
07-13 05:57 PM
I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.
At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.
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trueguy
07-13 03:04 AM
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
more...
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GCNaseeb
08-02 07:34 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
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GCapplicant
09-26 09:52 AM
It's really too early to pass judgements What will happen if he comes?
It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.
After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.
Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.
It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.
Cheer up...We all will be safe by 2009.It will move faster.
EB3 I 2004 Jul.
It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.
After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.
Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.
It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.
Cheer up...We all will be safe by 2009.It will move faster.
EB3 I 2004 Jul.
hairstyles Megan Fox Transformers »
GCwaitforever
07-15 12:32 PM
Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.
Macaca
05-01 06:10 PM
Integrating immigrants (http://tribune.com.pk/story/160476/integrating-immigrants/) By Urvashi Butalia | The Express Tribune
A few days ago, quite by chance, I happened to find myself at lunch with a member of the British political establishment. For a while, the conversation remained desultory and ranged over the usual subjects � India, economic growth, food, Indian business in Britain and so on. And then, suddenly, things began to heat up. We found ourselves talking about immigrant communities in the West. What began as a general discussion on whether and how immigrant communities �integrate� into the culture of the adopted country, turned specifically to discussing Indians and Pakistanis in Britain.
Why was it, our host asked, that there was such a strong attachment to the home culture and, in many cases, such a resistance to integrating. In many places, he pointed out, immigrants even refused to learn the language of their adoptive country, in this case English, and this then meant that they could not move into the mainstream economic sphere, and they thus remained economically backward. He pointed to many stories he had heard, especially of Pakistanis, who could go through 16 years of schooling in Britain without learning English, or even showing a desire to learn it. And what mystified him even more was that these were not first generation immigrants who still carried the memory of the homeland with them, these were children born and raised in Britain, and for them there was no such memory to hold on to.
The politician�s concern was quite genuine. How do you deal with your political constituencies if one set of them always elects to stay �outside�? But I�m not sure the reasons he gave � he pinpointed only the reluctance to learn the language � are adequate to explain what is increasingly becoming a problem in diasporic communities. For too long, migration, � or rather voluntary migration, when people go out in search of jobs or better lives � has been looked upon somewhat askance, especially if it is people from the erstwhile Third World countries moving to the so-called developed world. It�s almost as if, in seeking to improve their lives by going elsewhere, these people are doing something not quite right.
This attitude towards immigrants holds both for the home country and the adoptive one � in one you are seen as a deserter and in the other as, at best, an unwelcome guest. So the onus of making yourself feel at home, of acquiring a new identity, of �integrating�, is put upon the immigrant. Whatever services the state provides seem almost to be given reluctantly, and are often accompanied by a discourse � not a state discourse but an independent one, which makes it that much more difficult to address � of resentment, anger, prejudice and, sometimes, just sheer envy. None of this encourages immigrants to try and integrate, rather it pushes them in the opposite direction.
And then, if there�s already a community in existence, as there is virtually everywhere in England and America, you tend to remain within it, not seeking to enter a world that you feel is hostile to you. And you have to be driven to the wall to protest because protest means mobilisation, it means numbers, it means making yourself vulnerable, it means tackling the strength of an increasingly coercive state. Small wonder then, that most immigrant communities duck their heads and carry on doing their own thing.
It isn�t only their relationship with the adoptive country that is problematic, but, especially for first generation immigrants, it�s very important to keep the connection with home, and to ensure that subsequent generations keep it too. This, as has often been seen, results in a somewhat static idea of what things are like at �home� and has also often led to a more dangerous phenomenon; the tacit support and the very real funding provided by diasporic communities to right-wing movements at home � there�s plenty of evidence of this and I don�t need to go into it here.
But let me come back to our politician and his concerns. Why should South Asian immigrant communities in Britain be reluctant to learn English? There�s little doubt today that the world over, English has become the language of social mobility, and there�s a widespread desire to learn it. At home, in both our countries, as we know, institutes offering to teach English have sprung up everywhere and they are always fully subscribed. So what is it that holds Indians and Pakistanis in Britain back from this?
My own sense is that we�re asking the wrong questions here. The question isn�t about whether people wish to learn English or not. Rather, it is much more about how immigrant communities are made to feel at home, about their rights and privileges, about their sense of self. One might just as well ask: What has the state done to help such communities integrate? Have Diwali and Eid for example, become part of the national calendar? Are there community centres and pubs and coffee places that are self-consciously and deliberately multicultural and that encourage people to sit together and talk? Have governments thought of new and innovative ways of ensuring that their �other� citizens have the same rights and privileges as their mainstream citizens, and that they know these rights belong to them?
Dealing with difference isn�t always easy. Where do you draw the line? How far do you encourage and sustain difference and how far do you try to homogenise things? As the French move to ban the veil has shown, coercion is no answer. People have to be convinced of the logic and reason for change, they have to feel it works for them. How would it be if we insisted that foreign men in our countries had to wear either the dhoti or the awami suit? Much better, perhaps, to engage people in dialogue, to sit down and talk, and to find a solution that works for everyone. I�m not sure what message our politician took back to England with him, but it certainly wasn�t one that blamed communities for not integrating, instead it was one that looked at the question of integration as one from which both sides, if one can say that, gained.
A few days ago, quite by chance, I happened to find myself at lunch with a member of the British political establishment. For a while, the conversation remained desultory and ranged over the usual subjects � India, economic growth, food, Indian business in Britain and so on. And then, suddenly, things began to heat up. We found ourselves talking about immigrant communities in the West. What began as a general discussion on whether and how immigrant communities �integrate� into the culture of the adopted country, turned specifically to discussing Indians and Pakistanis in Britain.
Why was it, our host asked, that there was such a strong attachment to the home culture and, in many cases, such a resistance to integrating. In many places, he pointed out, immigrants even refused to learn the language of their adoptive country, in this case English, and this then meant that they could not move into the mainstream economic sphere, and they thus remained economically backward. He pointed to many stories he had heard, especially of Pakistanis, who could go through 16 years of schooling in Britain without learning English, or even showing a desire to learn it. And what mystified him even more was that these were not first generation immigrants who still carried the memory of the homeland with them, these were children born and raised in Britain, and for them there was no such memory to hold on to.
The politician�s concern was quite genuine. How do you deal with your political constituencies if one set of them always elects to stay �outside�? But I�m not sure the reasons he gave � he pinpointed only the reluctance to learn the language � are adequate to explain what is increasingly becoming a problem in diasporic communities. For too long, migration, � or rather voluntary migration, when people go out in search of jobs or better lives � has been looked upon somewhat askance, especially if it is people from the erstwhile Third World countries moving to the so-called developed world. It�s almost as if, in seeking to improve their lives by going elsewhere, these people are doing something not quite right.
This attitude towards immigrants holds both for the home country and the adoptive one � in one you are seen as a deserter and in the other as, at best, an unwelcome guest. So the onus of making yourself feel at home, of acquiring a new identity, of �integrating�, is put upon the immigrant. Whatever services the state provides seem almost to be given reluctantly, and are often accompanied by a discourse � not a state discourse but an independent one, which makes it that much more difficult to address � of resentment, anger, prejudice and, sometimes, just sheer envy. None of this encourages immigrants to try and integrate, rather it pushes them in the opposite direction.
And then, if there�s already a community in existence, as there is virtually everywhere in England and America, you tend to remain within it, not seeking to enter a world that you feel is hostile to you. And you have to be driven to the wall to protest because protest means mobilisation, it means numbers, it means making yourself vulnerable, it means tackling the strength of an increasingly coercive state. Small wonder then, that most immigrant communities duck their heads and carry on doing their own thing.
It isn�t only their relationship with the adoptive country that is problematic, but, especially for first generation immigrants, it�s very important to keep the connection with home, and to ensure that subsequent generations keep it too. This, as has often been seen, results in a somewhat static idea of what things are like at �home� and has also often led to a more dangerous phenomenon; the tacit support and the very real funding provided by diasporic communities to right-wing movements at home � there�s plenty of evidence of this and I don�t need to go into it here.
But let me come back to our politician and his concerns. Why should South Asian immigrant communities in Britain be reluctant to learn English? There�s little doubt today that the world over, English has become the language of social mobility, and there�s a widespread desire to learn it. At home, in both our countries, as we know, institutes offering to teach English have sprung up everywhere and they are always fully subscribed. So what is it that holds Indians and Pakistanis in Britain back from this?
My own sense is that we�re asking the wrong questions here. The question isn�t about whether people wish to learn English or not. Rather, it is much more about how immigrant communities are made to feel at home, about their rights and privileges, about their sense of self. One might just as well ask: What has the state done to help such communities integrate? Have Diwali and Eid for example, become part of the national calendar? Are there community centres and pubs and coffee places that are self-consciously and deliberately multicultural and that encourage people to sit together and talk? Have governments thought of new and innovative ways of ensuring that their �other� citizens have the same rights and privileges as their mainstream citizens, and that they know these rights belong to them?
Dealing with difference isn�t always easy. Where do you draw the line? How far do you encourage and sustain difference and how far do you try to homogenise things? As the French move to ban the veil has shown, coercion is no answer. People have to be convinced of the logic and reason for change, they have to feel it works for them. How would it be if we insisted that foreign men in our countries had to wear either the dhoti or the awami suit? Much better, perhaps, to engage people in dialogue, to sit down and talk, and to find a solution that works for everyone. I�m not sure what message our politician took back to England with him, but it certainly wasn�t one that blamed communities for not integrating, instead it was one that looked at the question of integration as one from which both sides, if one can say that, gained.
ItIsNotFunny
04-13 01:27 PM
You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
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