gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
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willIWill
10-29 05:30 PM
I agree with you both on the points raised, but what particularly interested me was the stat below and also given that 'the labour market traditionally lags behind any wider economic recovery'.
" However, the number of people still on jobless aid after an initial week of benefits slid by 148,000 to 5.8 million in the week ended October 17. It was the lowest reading since March, hinting at some stability in the job market."
Bottomline is we are not in a L or U pattern( prolonged stagnation). Also given that the last quarter traditionally has a stronger retail growth due to the Holiday season, Whether it is a V or W shaped recovery is what remains to be seen.
" However, the number of people still on jobless aid after an initial week of benefits slid by 148,000 to 5.8 million in the week ended October 17. It was the lowest reading since March, hinting at some stability in the job market."
Bottomline is we are not in a L or U pattern( prolonged stagnation). Also given that the last quarter traditionally has a stronger retail growth due to the Holiday season, Whether it is a V or W shaped recovery is what remains to be seen.
jnraajan
04-11 01:13 PM
Guys
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
more...
GCNeophyte
07-02 08:53 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
kondur_007
03-09 09:03 PM
I sent you a private message; please check your inbox.
more...
rayoflight
05-08 12:40 PM
Friendly Reminder about DC/MD/VA Chapter Meeting
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
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BharatPremi
07-23 11:30 PM
Do I read right about this?
YES
YES
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Ennada
09-16 02:49 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
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fall2004us
03-27 03:19 PM
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
lol :D
lol :D
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imm_check
08-22 12:11 PM
Hi,
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
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dixie
12-18 10:43 AM
Neither can I. By the way, it is notable that the Princeton event came bang in the middle of our big push in Washington during the fag end of the LD session. Wonder if any of the core members could make it to the event given how critical that particular week end was to us.
more...
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Maverick_2008
04-14 03:32 PM
Friends, here are my details:
EB3, India
PD: Feb 03
140/485 applied concurrently on July 23, 07 at TSC
140/485 Notice Date (from TSC): Sept 17, 07
Now, initially TSC had a processing time of 6 months for 140. They then changed it to a specific date later on. As of March 15, 08, it's about Aug 15, 07. Following the last few months' trend, my observation is that I might hear about my 140 sometime this month. However, it's just a guess - it might take longer.
When I call the USCIS (or even my attorney), I'm usually told that the dates on the site are just an estimate and even if my case is outside of the processing time according to their own web site, I can't speak with an immigration officer or do anything more about it. Is it true? I mean, say if I don't hear about my 140 this month at all and if the TSC processing time for 140 marches ahead well beyond Sept 17, 07 (my notice date), I can't even speak with an immigration officer?
Thank you.
Maverick_2008
EB3, India
PD: Feb 03
140/485 applied concurrently on July 23, 07 at TSC
140/485 Notice Date (from TSC): Sept 17, 07
Now, initially TSC had a processing time of 6 months for 140. They then changed it to a specific date later on. As of March 15, 08, it's about Aug 15, 07. Following the last few months' trend, my observation is that I might hear about my 140 sometime this month. However, it's just a guess - it might take longer.
When I call the USCIS (or even my attorney), I'm usually told that the dates on the site are just an estimate and even if my case is outside of the processing time according to their own web site, I can't speak with an immigration officer or do anything more about it. Is it true? I mean, say if I don't hear about my 140 this month at all and if the TSC processing time for 140 marches ahead well beyond Sept 17, 07 (my notice date), I can't even speak with an immigration officer?
Thank you.
Maverick_2008
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rickys_in
10-04 06:31 PM
How soon before the passport expiry can we go for the renewal?
1 year before the expiry
1 year before the expiry
more...
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tb2904
07-02 12:14 PM
From immigration-law website.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
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fasterthanlight�
05-10 10:25 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
Lol, I guess so, i got bored of my other avatar, and i didnt have any other ideas. I'm glad you guys like the stamp
Lol, I guess so, i got bored of my other avatar, and i didnt have any other ideas. I'm glad you guys like the stamp
more...
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crazyghoda
06-18 09:37 AM
If they'd only "fix" the Social Security Card to be more secure, I'm sure you'd reduce much of the illegal employment. the way the SS card is designed right now, anyone could print out as many of these on his home printer.
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averagedesi
06-20 04:45 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
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drirshad
07-09 07:40 PM
Is Core team looking into the AILF plaintiff contacts
Please do let us know, we don't wanna miss the boat ....
Please do let us know, we don't wanna miss the boat ....
vikrant29nov
03-08 04:56 AM
Thx for the compliment 3dy & vikas_088.
Vikas_088 - you are right, its my name(Vikrant). :crazy:
Vikas_088 - you are right, its my name(Vikrant). :crazy:
jliechty
June 5th, 2005, 07:06 PM
Yes, I like the "floating in air" effect.
I third that. :)
I third that. :)
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