samay
07-14 06:23 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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sparklinks
09-14 07:14 PM
Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!
la6470
01-16 02:41 PM
THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.
Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
Edison, NJ is going to be a ghost town.
How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.
Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
Edison, NJ is going to be a ghost town.
How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
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nozerd
05-11 10:13 AM
Just an FYI , I recently read in an article that Australia is changing its rules to require 4 yrs residency instead of 2 for citizenship.
In Canada you apply after 3 yrs but it takes nearly a yr to get it so defacto its 4 yrs. There was a lot of controversy in both Australia and Canada recently because they had to evcate thousands of Australian/Canadians of Lebanese origion from Lebanon during the recent Hezbollah/Israel standoff there.They were questioning if it was worthwhile giving citizenship to ppl who would never work or pay taxes in Oz/Can.
The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.
In Canada you apply after 3 yrs but it takes nearly a yr to get it so defacto its 4 yrs. There was a lot of controversy in both Australia and Canada recently because they had to evcate thousands of Australian/Canadians of Lebanese origion from Lebanon during the recent Hezbollah/Israel standoff there.They were questioning if it was worthwhile giving citizenship to ppl who would never work or pay taxes in Oz/Can.
The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.
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abhijitp
07-03 06:48 PM
dugg both.
Macaca
01-28 09:11 AM
This info is useful to novices for survival. Like many other postings, I had never heard about it.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
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mariusp
02-13 02:28 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
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Macaca
02-19 10:36 AM
IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html) is saying exactly the following. As you can check, it is very influential on the Hill.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
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gcdreamer05
03-27 12:13 PM
One idiot without giving him name in comments started abusing in Hindi language.
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
Hey how/where do you see the comments?
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
Hey how/where do you see the comments?
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485_spouse
07-08 08:53 AM
Hi,
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
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franklin
02-14 06:51 PM
Question - where are all the numbers for historical visa allocation coming from?
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Jerrome
05-12 01:33 PM
Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".
And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.
Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.
To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.
Don't bring this flavor to the discussions. Do you know 25% of population in Tamilnadu are telugu speaking people.
Previous CM(MGR) was a keralite, MS Jayalailtha is a kanadika, Superstar Rajinikanth is a Kanadika, Mr vijaykanth is a Andhraite.
It is true that tamilians have high respect for their culture and identity so as everyone in the world. Even now the jews practice their culture and language here, are they getting discriminated for doing that? The problem arises when anyone is discriminated for some reasons.
Tamils in SL were not emigrated they were there for past 2000 years or so.
And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.
Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.
To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.
Don't bring this flavor to the discussions. Do you know 25% of population in Tamilnadu are telugu speaking people.
Previous CM(MGR) was a keralite, MS Jayalailtha is a kanadika, Superstar Rajinikanth is a Kanadika, Mr vijaykanth is a Andhraite.
It is true that tamilians have high respect for their culture and identity so as everyone in the world. Even now the jews practice their culture and language here, are they getting discriminated for doing that? The problem arises when anyone is discriminated for some reasons.
Tamils in SL were not emigrated they were there for past 2000 years or so.
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deepakd
07-11 01:24 PM
BharatPremi,
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Guys
On the sameline, I think no one is crazy about anything but material wealth for self.
Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Guys
On the sameline, I think no one is crazy about anything but material wealth for self.
Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............
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sachug22
09-24 06:40 PM
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.
I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.
I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).
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lahiribaba
06-12 09:56 AM
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
You all can scream and shout all you want but
NOTHING IS GONNA STOP THE OFFSHORE OUTSOURCING TRAIN THATS ROLLING ROLLING ROLLING>>>>>>>>>
BECAUSE.>>>>>>>>>
OF THE SHEER SIZE OF INDIA'S POPULATION.....
10 YEARS FROM NOW IF YOU ARE IN IT YOUR BOSS WILL BE SITTING IN INDIA
You all can scream and shout all you want but
NOTHING IS GONNA STOP THE OFFSHORE OUTSOURCING TRAIN THATS ROLLING ROLLING ROLLING>>>>>>>>>
BECAUSE.>>>>>>>>>
OF THE SHEER SIZE OF INDIA'S POPULATION.....
10 YEARS FROM NOW IF YOU ARE IN IT YOUR BOSS WILL BE SITTING IN INDIA
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vikki76
05-10 04:33 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
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tikka
07-04 07:42 AM
Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...
keep digging....
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS
keep digging....
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS
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unseenguy
06-12 11:26 AM
Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).
Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.
This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.
No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....
Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.
This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.
No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....
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dvb123
02-15 10:56 AM
I think recapture of visas is not exactly possible but the court can order to clear the backlog before issuing visa numbers to other applicants depending on previous court precedents.
reachinus
07-27 08:22 AM
Hello All,
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
bitu72
09-29 10:24 AM
Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..