nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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sanjeev_2004
10-09 12:35 PM
I understand that you want to use experience before PD. However, there is no much gain and makes it more complex.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company’s LC in group because my company didn’t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let’s keep only PD as only preference.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company’s LC in group because my company didn’t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let’s keep only PD as only preference.
desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
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SDdesi
08-14 12:55 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
Good luck to all other IV folks.
more...
desi3933
07-10 11:55 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
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.....
more...
vivekm1309
05-05 07:45 PM
http://washingtontimes.com/national/20070504-110815-9777r.htm
The bill is going to be presented on 14th May
The bill is going to be presented on 14th May
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jsb
11-26 03:17 PM
I have copy of that letter but it mentions the title and salary no job desc.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
more...
rc0878
08-29 04:25 PM
I know man....i called them today and refered to their latest update ....and they bluntly ask to wait for atleast 90 days before they can provide any info...
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!
Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)
Receipts : Not Yet
PD : Feb 2003
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n2b
08-14 08:29 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
what is ur FP date & location? thank you.
Good luck to all other IV folks.
what is ur FP date & location? thank you.
more...
gc28262
03-07 12:03 PM
.................................................. .
................
I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.
Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.
.
I also worked with mirage on this effort, though I haven't send out letters or called congressmen yet.
This effort was started knowing IV did not endorse it. We knew IV did not endorse it, but never heard from anyone in core why they opposed it. We did some guess work of why IV opposed this effort and figured it out it was not that risky effort.
We hoped to have someone from IV core joining our call and explaining why it was not a good idea.
If someone starts a focus group ( whether IV endorses it or not), it is in IV core's interest to make sure IV core's concerns are heard in the effort.
mirage himself was close to IV core at some point. I guess he didn't have much idea why IV core opposed this.
Anyway IV core and members should join such efforts and let their voices heard. There is no point in complaining once focus team members have started acting on their agenda.
Coming to the effort, I don't think mirage is following any selfish agenda by his proposal. He is not proposing anything that will close doors behind him.
................
I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.
Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.
.
I also worked with mirage on this effort, though I haven't send out letters or called congressmen yet.
This effort was started knowing IV did not endorse it. We knew IV did not endorse it, but never heard from anyone in core why they opposed it. We did some guess work of why IV opposed this effort and figured it out it was not that risky effort.
We hoped to have someone from IV core joining our call and explaining why it was not a good idea.
If someone starts a focus group ( whether IV endorses it or not), it is in IV core's interest to make sure IV core's concerns are heard in the effort.
mirage himself was close to IV core at some point. I guess he didn't have much idea why IV core opposed this.
Anyway IV core and members should join such efforts and let their voices heard. There is no point in complaining once focus team members have started acting on their agenda.
Coming to the effort, I don't think mirage is following any selfish agenda by his proposal. He is not proposing anything that will close doors behind him.
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ssa
05-23 02:26 PM
I have also called 6 senators till now and send email to 100 reporters from the CSV list from the other thread.
Lets keep up the good work..
Lets keep up the good work..
more...
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sss9i
08-25 02:56 PM
Bump Up
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nag2007
12-16 09:34 PM
I came here in 2000 and applied for GC in 2003(Nothing much Happened to it). Moved to different Company in March 2005 and applied for GC before PERM started. After that Applied for RIR conversion in JAN 2007 and my bad luck, the Labor did not get cleared before Auguat 17th and Company did not apply in PERM and Almost all of them got EAD and i am left behind. I am in this country for close to eight Years and not even signs of EAD.
On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...
Thinking of all these things, I feel so frustated...
I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)
I am the worst Unluckiest Person on this whole earth....
On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...
Thinking of all these things, I feel so frustated...
I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)
I am the worst Unluckiest Person on this whole earth....
more...
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jsb
11-08 01:22 PM
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
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coldcloud
11-17 07:08 PM
Done.
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kris04
06-26 02:19 AM
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one
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mchundi
05-03 04:04 PM
Only if PD is current!!!
Thanks Knnmbd,
--MC
Thanks Knnmbd,
--MC
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morchu
05-08 01:51 PM
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
ho_gaya_kaya_?
11-21 04:04 PM
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Mehul:
I salute you for your bravery
It takes a real Man to face death and worry about his family.
I cannot even begin to imagine what it would be to be in your shoes.
Good luck my friend
Hope things work out for you.
Have faith- it can move the mountains...
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Mehul:
I salute you for your bravery
It takes a real Man to face death and worry about his family.
I cannot even begin to imagine what it would be to be in your shoes.
Good luck my friend
Hope things work out for you.
Have faith- it can move the mountains...
realist
02-03 10:30 AM
[QUOTE=PavanV;2311091]
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
:D
Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
Kidding too!
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