amitjoey
06-14 06:56 PM
I am currently on H1 and plan to get married in India next month and file 485 for me and wife next month. She will be able to travel with me on H4. If she starts using EAD after getting it, does that invalidate my H1? I plan to continue with the same employer on H1.
No it does not invalidate your H1. You can keep working on your H1.
Disclamer: Specific situation might defer. Consult an attorney.
No it does not invalidate your H1. You can keep working on your H1.
Disclamer: Specific situation might defer. Consult an attorney.
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PD073102VA
03-19 11:42 AM
Here is what Attorney Mathew Oh thinks about provisions for STEM.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
walking_dude
09-20 08:04 AM
IV hasn't spared any efforts in attracting other Immigrants and making them comfortable in a forum with overwhelmingly high Indian members [the reality]. Like the ban on vernacular language usage on the boards, statements and posts giving a distinct Indian feel to the forum etc. And yet 98% (may be more) of those who marched on Sep 18th were Indians.
When the participation is voluntary, I fail to understand the issue of concerns over the participation of one community and the absence of others. Of course the most active protesters will always be the hardest hit.
For example, Civil Rights movement was predominantly African-American as they were the hardest hit by segregation. Ditto for the marches by Undocumented immigrants, which are predominantly Hispanic. Though it's estimated that there are around a million Indian illegals, there's hardly any Indian representation - thank God for that - at their rallies.
We should stop worrying about the ethnicity of the participants and concentrate on the issues at hand, which are affecting all ethnicities.
they always seemed to mention that Indian and Chinese legal aliens protesting backlogs. I think there should be some effort to also include people from other nationalities
When the participation is voluntary, I fail to understand the issue of concerns over the participation of one community and the absence of others. Of course the most active protesters will always be the hardest hit.
For example, Civil Rights movement was predominantly African-American as they were the hardest hit by segregation. Ditto for the marches by Undocumented immigrants, which are predominantly Hispanic. Though it's estimated that there are around a million Indian illegals, there's hardly any Indian representation - thank God for that - at their rallies.
We should stop worrying about the ethnicity of the participants and concentrate on the issues at hand, which are affecting all ethnicities.
they always seemed to mention that Indian and Chinese legal aliens protesting backlogs. I think there should be some effort to also include people from other nationalities
2011 Day old Dark Phoenix tattoo on
nixstor
07-01 12:46 PM
Those who are just watching others call, please make the call. 200 is nothing.
If you are from Austin or SA, make that call now. It does not take more than 2 minutes.
We have meetings with Rep Smith's office(s) and all your calls will make an impact on the outcome.
If you are from Austin or SA, make that call now. It does not take more than 2 minutes.
We have meetings with Rep Smith's office(s) and all your calls will make an impact on the outcome.
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ram04
09-24 11:40 PM
Thanks for that info.
I am planing for Info pass next week if I dont get notice by then.
How can they issue EAD and AP approvals a day before for same 485 - What a crazy system ?
Thanks again
I am planing for Info pass next week if I dont get notice by then.
How can they issue EAD and AP approvals a day before for same 485 - What a crazy system ?
Thanks again
nightowl76
03-05 01:51 AM
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Did her original letter actually say ass EB3??? Or did you make a typo?
Did her original letter actually say ass EB3??? Or did you make a typo?
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Abhinaym
05-17 02:46 PM
Thank you for making it so very easy!
2010 Glow in Dark Tattoo |
ianlock
09-18 05:14 AM
so i understand how the whole 7% thing works now in relation to the total visa's available....
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
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uma001
08-09 09:04 AM
GO_GUY,
How much finance is required to do MBA in canada say in top 50 universities. Can we get financial aid for international students?
How much finance is required to do MBA in canada say in top 50 universities. Can we get financial aid for international students?
hair glow in the dark tattoo
nb_des
07-19 05:08 PM
rpatel,
I don't think it is about being optmistic or pessimistic. It is about doing best with your life. One can do better than wait for 5 or 10 years on top of what we have already done for the green card in the same position with very little salary raise.
It is not only about salary raise. In 5 or 10 years with the right attitude one could really grow into senior management psotion. Will the green card be worth it after 10 years you are still stuck in same programmer level job doing the same stuff all over again
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
I don't think it is about being optmistic or pessimistic. It is about doing best with your life. One can do better than wait for 5 or 10 years on top of what we have already done for the green card in the same position with very little salary raise.
It is not only about salary raise. In 5 or 10 years with the right attitude one could really grow into senior management psotion. Will the green card be worth it after 10 years you are still stuck in same programmer level job doing the same stuff all over again
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
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popoye
04-08 03:14 AM
i cant answer this question. but since ur situation sounds critical, you may want to talk to an attorney like rajiv khanna. it does not cost u a lot
hot glow in the dark tattoo ink
msjaggi
07-19 04:54 PM
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
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andy garcia
06-26 02:01 PM
Beast is still ALIVE !!!!
BEAST has no brain only size. It is easy to kill it.:)
BEAST has no brain only size. It is easy to kill it.:)
tattoo Professional Athletes Tattoos
Jaime
09-10 04:07 PM
This is the time to act! Let's go! Change your mind and come to the rally! We have funds for you! We will be telling Congress about the abuse that we undergo! Come join us!!! All immigration layer firms support this, you won't get into trouble, we will help you with funds, you will be able to speak up! IT IS THE RIGHT THING TO DO!!! WHAT IS HOLDING YOU BACK? LET'S GO TOGETHER!!!!!!!!!!!
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gsmishra
07-25 11:15 AM
great thanks
i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)
she put me hold for a minute and gave me the number.
i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)
she put me hold for a minute and gave me the number.
dresses healed Dark Phoenix tattoo
140jibjab
07-05 01:43 PM
com 'on. H4 process is known as Dependent Visa. You knew this before getting your "Babli" to the US. Let H4 prove the Credentials and Get H1 and then start seeing "Green".
Nobody asked you to get married :)
Nobody asked you to get married :)
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makeup DARKquot; TATTOOS - UPPER ARM
gc_dedo
08-08 02:36 PM
Any updates on this topic?
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
I didnt get rebate check this year because i havent filed my wife and kid EAD.
I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.
girlfriend Tom Strom - Dark Crystal
waiting4gc
07-18 01:58 PM
Now I see why you got banned. What you did not realize is others were not rejoicing anything "AT YOUR EXPENSE". They were just enjoying what was available to them. You are the one who wants to make it a zero sum game i.e. gain for others is loss for you and vice versa.
While others were celebrating what was good for them, you want to rejoice others pain. That is just *sic*. I retract my earlier support for you.
Do I think that its unfair that people (I started my GC in May 04) from 06,07 will clog up queue, yes, but such is life. Can't do much about that can we? So enjoy whatever good is happening. Please remember, what goes around comes around. If you rejoice others unhappiness, you too will soon join them.
Quote from LogicLife's post
'And finally, if you do rejoice at the revisions of July bulletin because that would somehow do justice to you and your other BEC brothers, please rejoice privately, not publicly. Rejoice all you want, if that's what gives you happiness, but send PMs to your BEC friends or do it over the phone. Have a barbeque at your home. Have a conference call and celebrate. '
If all others can rejoice the open of visa filing at our expense publicly, why couldn't we rejoice something that'd bring fairness? Why don't they rejoince in private? You think they have us in mind? I call that BS.
While others were celebrating what was good for them, you want to rejoice others pain. That is just *sic*. I retract my earlier support for you.
Do I think that its unfair that people (I started my GC in May 04) from 06,07 will clog up queue, yes, but such is life. Can't do much about that can we? So enjoy whatever good is happening. Please remember, what goes around comes around. If you rejoice others unhappiness, you too will soon join them.
Quote from LogicLife's post
'And finally, if you do rejoice at the revisions of July bulletin because that would somehow do justice to you and your other BEC brothers, please rejoice privately, not publicly. Rejoice all you want, if that's what gives you happiness, but send PMs to your BEC friends or do it over the phone. Have a barbeque at your home. Have a conference call and celebrate. '
If all others can rejoice the open of visa filing at our expense publicly, why couldn't we rejoice something that'd bring fairness? Why don't they rejoince in private? You think they have us in mind? I call that BS.
hairstyles THE DARKquot; TATTOOS - SIDE
dsairam
08-17 01:30 PM
I saw lot of posts above saying good things about them however my experience with them has been bad. I am assumng this is Fragomen, Del Rey, Bernsen & Loewy, LLP we are talking about.
There have been a couple things in the past but the most frustrating one was that even though I sent them all my papers etc. by Jun 20th (so that they can file it on July 2nd) they did not file my case until Aug 08. They are my corporate lawyers so I don't have any choice. Also, they asked us not to contact regarding status during this period as they were really busy. While not responding to status queries was understandable, they still took more than a month to file cases. I confirmed with a lot of my colleagues who were in the same boat and were equally frustrated with noncommunication and taking so long to file the cases. They also were not maintaining any apparent first come first serve queue because there were several folks who got their filings done much sooner than others who had sent complete paperworks way before them.
Based on my experience, I wouldn't recommend them.
There have been a couple things in the past but the most frustrating one was that even though I sent them all my papers etc. by Jun 20th (so that they can file it on July 2nd) they did not file my case until Aug 08. They are my corporate lawyers so I don't have any choice. Also, they asked us not to contact regarding status during this period as they were really busy. While not responding to status queries was understandable, they still took more than a month to file cases. I confirmed with a lot of my colleagues who were in the same boat and were equally frustrated with noncommunication and taking so long to file the cases. They also were not maintaining any apparent first come first serve queue because there were several folks who got their filings done much sooner than others who had sent complete paperworks way before them.
Based on my experience, I wouldn't recommend them.
pd_recapturing
02-09 09:52 PM
If you read my post carefully, I am suggesting this 'in addition' to what's already on IV's agenda. Why can't we work on this item in conjunction to what's already being worked on? I have started preparing a fraud list from a bunch of websites like desicrunch.com. I noticed that almost 90% of firms reported there are fraud firms and it makes me wonder about the efficiency of local authorities. Also I don't see how targeting blood sucking desi firms would feed the anti-immigrant trolls. I would think we Indians would benefit the most since it would increase our credibility in general. Thanks for considering this idea at least. I would like to know other people's thoughts based on my clarification here. This drive might clean up cases freeing up visa numbers for genuine EB cases from India. Why should I be in line with crooks ahead of me? It doesn't make sense whatsoever.
And yes, my contribution to IV so far as been $1000 and involvement in other drives. Your question to me regarding my contribution made me squirm a bit since you might have categorized me with many of IV's freeloaders. That's just like Americans asking me all the time "Are you on an H1-B visa and do you work for a bodyshopper". :)
But I will work on making new contributions as well.
Contribution so far: $1000
StuckinMuck, I really appreciate your concern but my question to you is are you targeting the desi fraud companies or fraud employees? How would one decide as to which companies/employees are fraud? Suppose, you target a company because its fraud but there might be a huge possibility that some of the employees are genuine and they would suffer just because their employer is fraud. How would you avoid that?
And yes, my contribution to IV so far as been $1000 and involvement in other drives. Your question to me regarding my contribution made me squirm a bit since you might have categorized me with many of IV's freeloaders. That's just like Americans asking me all the time "Are you on an H1-B visa and do you work for a bodyshopper". :)
But I will work on making new contributions as well.
Contribution so far: $1000
StuckinMuck, I really appreciate your concern but my question to you is are you targeting the desi fraud companies or fraud employees? How would one decide as to which companies/employees are fraud? Suppose, you target a company because its fraud but there might be a huge possibility that some of the employees are genuine and they would suffer just because their employer is fraud. How would you avoid that?
NolaIndian32
02-28 05:26 PM
total letters collected 366.
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