gclabor07
11-17 03:26 PM
Done.
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dtekkedil
07-02 10:39 PM
I'm with you!
dvb123
05-01 01:00 PM
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
2011 Amber Rose Hair. Under:
desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
kkmajid
10-17 10:30 AM
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
diesel
05-23 12:11 PM
Thanks for the hard work...
more...
ragz4u
05-04 11:58 AM
I am having trouble attaching it here and will get back to it soon
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Macaca
07-08 12:33 PM
A GC is allocated after AOS application has been approved. An AOS application may not use up a GC # available in current year's quota (due to name check delays). Thus, AOS application submission is reasonably independent of currently available GC #'s.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
more...
perm
05-03 08:51 AM
http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm
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diptam
05-23 07:05 AM
See , they started the 3 yr H1B extension only on basis of Retrogression...
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
more...
crazyghoda
06-26 11:05 AM
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
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GCStatus
09-17 12:55 AM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
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indigo10
11-17 06:19 PM
Done, Thanks.
Sent to my friends too.
Sent to my friends too.
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Naveen
07-09 05:54 PM
go for it!!. hope Naveen wont mind.
Darn it! I will be careful next time :) Thanks for correcting my mistake.
Darn it! I will be careful next time :) Thanks for correcting my mistake.
more...
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mundada
07-09 03:45 PM
Hi,
I talked to Washington Post journalist. She asked me about my life in US. Do I regret being in US? What is the problem with current US immigration system? Why send flowers? Which flowers?
Cheers
I talked to Washington Post journalist. She asked me about my life in US. Do I regret being in US? What is the problem with current US immigration system? Why send flowers? Which flowers?
Cheers
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reddymjm
06-13 05:30 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
more...
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snthampi
02-02 07:19 PM
[QUOTE=rbusgc;2310783]
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
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franklin
06-13 09:14 PM
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
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Kalloo dada
03-08 04:11 PM
If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING
I hope this helps:)
Well said..
Kalloo Dada
I hope this helps:)
Well said..
Kalloo Dada
samirpatel08
09-26 05:57 PM
I applied on July 23rd, and pkg was received on July 24th.
My checks got cashed yesterday, Sept 25th.
Not sure which center processed them yet... and no receipt numbers...
Things are moving...
Samir :)
My checks got cashed yesterday, Sept 25th.
Not sure which center processed them yet... and no receipt numbers...
Things are moving...
Samir :)
nefrateedi
09-18 05:21 PM
Hello,
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
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