pd052009
12-09 09:40 AM
Anybody knows, if the visa recapture included in the dream act?
AFAIK, Current version does NOT have visa recapture in it.
AFAIK, Current version does NOT have visa recapture in it.
WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
ragz4u
01-25 11:53 AM
What is lobbying and is it legal?
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
more...
javadeveloper
06-22 08:45 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
Tell the truth.AC21 is not mandatory.
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
Tell the truth.AC21 is not mandatory.
gapala
02-04 04:56 PM
This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
more...
qualified_trash
11-02 01:32 PM
rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.
va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
more...
sweet_jungle
12-07 12:30 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
hope4gc
04-26 07:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.
more...
sanjay02
08-16 09:49 PM
Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
GCwaitforever
03-20 10:42 PM
Take the EB3 job if it pays good money and provides quality experience. You can always interfile later on and switch to EB2 if EB2 is progressing quicker. We do not know which horse is going to run fast at this moment.;)
more...
xela
11-12 06:47 PM
So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)
skumar9
10-23 03:39 PM
Hi all,
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
more...
Honda
09-03 01:21 PM
All Charge-ability Areas Except Those Listed CHINA- mainland
born INDIA MEXICO PHILIPPINES
Employment-based
1st C C C C C
2nd C 08JAN05 08JAN05 C C
3rd U U U U U
Other Worker U U U U U
4th U U U U U
Certain Religious
Workers U U U U U
5th C C C C C
Targeted Employ-
ment Areas/
Regional Centers C C C C C
If the priority date is "U" how come you are expecting the Green cards?
born INDIA MEXICO PHILIPPINES
Employment-based
1st C C C C C
2nd C 08JAN05 08JAN05 C C
3rd U U U U U
Other Worker U U U U U
4th U U U U U
Certain Religious
Workers U U U U U
5th C C C C C
Targeted Employ-
ment Areas/
Regional Centers C C C C C
If the priority date is "U" how come you are expecting the Green cards?
Leo07
09-30 12:49 PM
There is lot of information in some of the old threads on this forum.
I was looking for it when I had appointment in Nogales. I ended up canceling that appointment and went to Calgary,Canada Instead.
I was looking for it when I had appointment in Nogales. I ended up canceling that appointment and went to Calgary,Canada Instead.
more...
sathishav
03-01 03:10 PM
Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
pappu
09-19 06:24 PM
sent you a PM
thanks I responded on your email id.
thanks I responded on your email id.
never_giveup
11-05 02:26 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
ksrk
03-04 04:37 PM
Topics at this forum range from H1B to visitor visa to citizenship to EB-based GC and sometimes even family-based GC sponsorship.
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
InTheMoment
08-13 07:52 PM
Infopass IIO's are not the best in terms of reliability of their statements ...or actually opinions !
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
Most of them refer not the Feb 08 memo (180 day +) but the one that has given the timeline for Name Check backlog elimination !
see this one:
http://immigrationvoice.org/forum/showpost.php?p=276078&postcount=10
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