Saturday, June 11, 2011

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  • ash27
    03-31 10:35 PM
    I've read multiple posts but it is not clear if an EAD recipient can do contract work on W2.

    My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.




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  • rongha_2000
    10-02 11:07 AM
    I have briefly searched the forums and could not find a related post hence starting a new thread. If the answer already is on any other post, please point me to it and delete this thread.
    ***********
    Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.

    Any response is highly appreciated.




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  • anilsal
    10-27 10:09 AM
    as the chapter leaders can appraise you of what is possible, what is the view of leaders towards skilled immigration etc.

    Rather than vent your frustration on the forums, direct them constructively to some IV activity.




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  • ishwarmahajan@yahoo.com
    09-24 05:37 PM
    I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:

    http://stats.bls.gov/soc/socguide.htm

    I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.

    "Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.


    First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
    :):):)

    Thanks,
    Ishwar



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  • desi3933
    05-15 04:17 PM
    I believe that in the original post, Keerthi indicated that he was in India.

    I apologize for the confusion.

    I understood that you have replied for mchhokar's question.
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

    Please accept my apologizes and thanks for the clarification.




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  • sobers
    04-07 08:33 PM
    Folks, I know you all are probably as deeply disappointed with the stalling of the Senate Immigration Bill as I am. But I guess i'm getting used to it now:mad: - had similar experience after S. 1932 relief was stripped out in December.

    But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.

    As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
    Whether we like it or not, this is the hard truth.

    The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.

    The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.

    Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.

    Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.



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  • sreenivas11
    11-16 10:39 AM
    Nov' 07 Processing times are not posted yet




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  • talash
    04-25 03:19 PM
    I 140 denied.please help to start new thread.Please



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  • hoolahoous
    03-18 04:36 PM
    anyone ?




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  • optimystic
    03-19 03:13 PM
    Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.

    Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.

    On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?



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  • haider420
    06-13 08:21 AM
    I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

    My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??

    CAN SOMEONE PLEASE HELP??!!




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  • phillyag
    05-30 03:33 PM
    I meant what docs we need to make sure we have from the employer whom we will be quitting.

    Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.



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  • freedom_fighter
    04-21 12:30 PM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

    its not illegal to port. Labor substitution was legal until they abolished.
    EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?

    Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!




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  • eb3_nepa
    08-25 12:01 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.



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  • nmember
    04-03 07:38 PM
    Rono Dutta: former CEO of United Airlines
    Rakesh Gangwal: CEO of US Airways
    Sabir Bhatia: Hotmail




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  • GCard_Dream
    01-31 01:09 PM
    Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :

    1. has a approved labor and 365 days have passed. OR
    2. has a approved I-140

    Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?

    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna



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  • manusingh
    01-08 10:06 AM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    Hi

    Does your wife got H-1B stamped, could you pl send us all details. It may help us.




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  • greyhair
    04-21 12:10 PM
    greyhair - that was something i tried on my own and i have never represented IV.

    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

    this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

    Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.

    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)




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  • funny
    09-16 04:09 PM
    http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html




    belmontboy
    04-10 03:30 PM
    source?




    ramus
    06-28 04:42 PM
    I am sorry.. I don't mean to hurt your feelings.. But this is rumer..

    Can you give me link or any other offical source which is saying same thing..
    You could have just put this in rumer thred.. Tell me is this helping one...

    Everybody is so busy and workiing hard on getting paper work done.. Why do we want to put more burden on them? IF this is true then everybody will know it from different sources. And plus even if this is true what can you do? Can you fight against USCIS?








    Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.

    This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.

    thx.



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