Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
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vactorboy29
11-21 04:22 PM
I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
h1techSlave
05-01 02:39 PM
We can ask this question during our next attorney conference call. Please remember to ask. I will ask. If a couple of more people ask, then our attorney will definitely answer the question.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
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guru76
02-05 02:40 PM
Contributed $50.
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abhijitp
07-08 07:34 PM
I would like to participate in the Bay Area peaceful protest, and help in any way I can to co-ordinate things.
vroapp
12-12 06:46 PM
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
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makemygc
07-02 08:52 AM
Sent on Jun 29 using USPS through 2 days priority.
Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.
Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.
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sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
more...
desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
hair on a guys knee. The tattoo
samrat_bhargava_vihari
06-12 01:21 PM
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
more...
shantak
03-31 03:27 PM
Well after you enter the receipt notice, automated service gives you the information and then you can press the option that you did not find any info and then it will connect to a rep and tell him to open an SR
Atleast this is what I did
service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...
Thanks.
Atleast this is what I did
service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...
Thanks.
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reddymjm
06-07 06:43 PM
not sure how reliable this info is, take it with a fist full of salt...
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
more...
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Shaikhtabrez
07-12 01:01 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
does this mean one cannot use wad for primary job?
does this mean one cannot use wad for primary job?
tattoo Tattoo of eye on back of knee
h1techSlave
05-01 02:39 PM
We can ask this question during our next attorney conference call. Please remember to ask. I will ask. If a couple of more people ask, then our attorney will definitely answer the question.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
more...
pictures Prison Tattoo Primer
eb3_nepa
06-26 04:30 PM
Umm, Eb3_Nepa, speeding is breaking the law. A speed limit is the law. In pointing out that a speeder is fined but an illegal immigrant is deported, you are pointing out the difference in punishment for breaking the law. The punishment is man's decree, nothing more, nothing less. One could argue that a speeder can cause more harm to society (by driving way faster than conditions permit, for instance) than an illegal immigrant. Yes, an illegal immigrant is breaking the law, but who knows what we would do if we had a bad life and made $1 a day and someone promises a better paying job in some other country. So let us not point fingers here, but focus instead on the value we add.
You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.
Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.
Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.
Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.
You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.
You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.
Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.
Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.
Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.
You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.
dresses Knee Tattoo
GCSufferer
08-30 11:09 AM
Reached NSC on July 3rd 9.04 am. Signed by Besch. No receipts yet.
more...
makeup Star Tattoo Knee. off his
glus
05-24 09:04 AM
Yesterday I faxed all the senators from the list, today I e-mailed them and will be calling them shortly. I will update about each phone call I had made.
G
G
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gsc999
07-08 10:51 PM
Thanks to the three members for volunteering.
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alterego
12-14 08:38 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
akhilmahajan
02-12 09:38 AM
Thanks a lot everyone.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
romeshtrisal
09-10 08:31 PM
My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
They just put in wrong and fake info just to please their bosses. This is a messy setup.
Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
I am really pissed off.....
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