desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
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sparky_jones
09-01 08:50 AM
Arrived in the US in Sep 1999
Started the GC process in late 2002.
Labor filed in Aug 2003
Waiting...
Started the GC process in late 2002.
Labor filed in Aug 2003
Waiting...
harivenkat
08-12 11:37 AM
Just dont get what the senator is intending here ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
"The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a �consulting fee,� and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects."
Does this mean every H1b at MS, Apple invents ipod, iphone, USB etc.... and there is no similarity in the nature of work done by him compared to that coming from a consulting company at a client site..... he talks about products or technologies but what about services/speciality occupation using these products/technologies ... that is exactly what most of the IT sector does....
"The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations."
Not sure if senator is missing it or dodging it ....
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govindk
06-03 10:26 AM
Contributed $100 just now
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
more...
glus
07-06 01:09 PM
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
gimme Green!!
07-06 08:40 AM
Hopefully the emphasis on homeland security will not have an adverse effect when dates become current again or move forward.
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
On a lighter vein, isn't this essentially what we need - quick processing and approval of 485 apps without being stuck with all the paperwork? :)
Changing title to "Homeland security compromised in mad rush to process Green Cards" may provide fuel to anti-immigrants. They may argue that the process is better served by taking for 25 years to ensure no would be terroists get green cards !
more...
for_gc
08-13 05:18 PM
Good interpreation there bro', too good to be true.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
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delhiguy79
08-14 04:07 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
more...
sandiboy
07-18 04:11 PM
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
I believe Visa number is allocated only at time of Adjudicating i.e once everything is clear. At the time of adjudicating your PD should be current & you should be ahead of others per RD.
I believe Visa number is allocated only at time of Adjudicating i.e once everything is clear. At the time of adjudicating your PD should be current & you should be ahead of others per RD.
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needhelp!
09-12 07:30 PM
Allen American
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
more...
reddymjm
09-10 10:28 AM
Not quite true - this is done at 140 not 485
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.
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sumansk
09-28 01:37 PM
Bro,
Dream , Agjobs and SKIL all will come up after the breask senate returns around 12th oct....they will come as standalone bills.. for now HR 1585 goes alone ...with out any of these in sight..
But hopes are still alive with Reid acknowledging that he will put these to vote before the senate leaves for the final year end in mid november..
Dream , Agjobs and SKIL all will come up after the breask senate returns around 12th oct....they will come as standalone bills.. for now HR 1585 goes alone ...with out any of these in sight..
But hopes are still alive with Reid acknowledging that he will put these to vote before the senate leaves for the final year end in mid november..
more...
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Libra
09-10 03:09 PM
thanks manugee for contribution and consideration for rally.
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priti8888
07-23 03:12 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD DEC 2004
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Card Production ordered
PD AUG 2004
RD DEC 2004
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
more...
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Bogdan
06-02 04:26 PM
Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
More bad news for the legals
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
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ind_game
05-15 09:02 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
more...
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Keeme
03-06 05:57 PM
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
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Milind123
09-12 12:13 AM
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
Note: The following was added at 9:06 EST on 09/12/2007
OR
For every $100 one time contribution by first time contributors I will match $25.00
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
Note: The following was added at 9:06 EST on 09/12/2007
OR
For every $100 one time contribution by first time contributors I will match $25.00
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java4yogi
08-15 08:13 PM
Hi guys,
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
Some of the old timers could benefit with this thought, if things move forward slightly for EB3
http://immigrationvoice.org/forum/showthread.php?p=278068#post278068
hazishak
07-18 06:21 PM
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
satyasaich
07-15 01:10 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Thanks SkilledWorker4GC !
Any one else would like to pledge just 5 $ when we reach 2000 $
Bestofall
PD March 2005 India
485 Applied Jul2 2007
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