jsporn
03-25 02:44 PM
You need to get a new employer, an H-1 transfer and an I 140 filed as soon as possible. If you can do all this, you can get H-1 extensions past six years if your I 140 (Schedule A for physical therapist) is approved. This can qualify for premium processing. You must move quickly.
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Dhundhun
09-03 04:43 PM
isn't considered as 1099 employee?
My son was given salary on 1099. Company gave experience letter as if he was employed for that duration.
I think, when thay hire for short term, 1099 or W-2 is decision of HR people. Some of the companies may ask, whether you want to be on 1099 or W-2. If on 1099, you are not on company's payroll, you are a contract employee.
After so muh discussion, and input from indyanguy and solaris27, I think, you might need some legal advise - do post final outcome.
My son was given salary on 1099. Company gave experience letter as if he was employed for that duration.
I think, when thay hire for short term, 1099 or W-2 is decision of HR people. Some of the companies may ask, whether you want to be on 1099 or W-2. If on 1099, you are not on company's payroll, you are a contract employee.
After so muh discussion, and input from indyanguy and solaris27, I think, you might need some legal advise - do post final outcome.
pnjbindia
12-21 11:34 PM
eb3retro,
I think think the application consultant should have the same job code as Software Engineer. All IT jobs fall under the same broad category.... The only thing you need to worry about in AC21 is the Salary . i.e if the salary is 70% or more than what is on the labor.... this is grey area, check with Lawyer.
I think think the application consultant should have the same job code as Software Engineer. All IT jobs fall under the same broad category.... The only thing you need to worry about in AC21 is the Salary . i.e if the salary is 70% or more than what is on the labor.... this is grey area, check with Lawyer.
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sunny1000
06-20 04:43 PM
I agree with everyone on this thread...my personal opinion is that the bill should die. Then, someone should bury it deep and never let it come back again and haunt us like it is doing right now.:(
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avi
07-16 11:03 PM
Avi,
what did you mean - 'received july 6' ? was your 485 application sent back ? was it processed and rejected or simply returned without any processing ? were the checks deposited ?
Please explain with more clarity.
"received" by them :)
Robin Williams gave his autograph on that it seems! :D
what did you mean - 'received july 6' ? was your 485 application sent back ? was it processed and rejected or simply returned without any processing ? were the checks deposited ?
Please explain with more clarity.
"received" by them :)
Robin Williams gave his autograph on that it seems! :D
nomorelogins
11-26 03:46 PM
IMHO, in ones own little world we may see a small impact. But if you are asking w.r.t to US economy i honestly believe it should be negligible.
may be it is just your group that all h4s are actively seeking a testing/... related occupation. may be not be the case else where. I am pretty sure not all like programming/testing etc.
Most pbly stayed away from these fields when they chose to go to college ... most are well educated and had trouble getting job due to sponsorship issues. I guess with the freedom to choose, they can get jobs in the field of their liking..
also, if there is any impact i think it would be positive for the economy with creativity of more talented group in the mix.
if you are afraid they may take your job, well then that position may also be lost due to being outsourced.
may be it is just your group that all h4s are actively seeking a testing/... related occupation. may be not be the case else where. I am pretty sure not all like programming/testing etc.
Most pbly stayed away from these fields when they chose to go to college ... most are well educated and had trouble getting job due to sponsorship issues. I guess with the freedom to choose, they can get jobs in the field of their liking..
also, if there is any impact i think it would be positive for the economy with creativity of more talented group in the mix.
if you are afraid they may take your job, well then that position may also be lost due to being outsourced.
more...
desi3933
02-19 04:50 PM
Hi,
I was thinking about doing a EB3 to EB2 port, by filing a new EB2 application with a new employer. My pending 485 has a PD of Jan 2006, with an approved LC and I140. As I understand the portability process, my new co. lawyer would have to file a copy of my old 140 along with the application for the new 140, requesting porting of the PD to this new EB2 application. However, what does this do to my original 485?
1. Does this cancel out the original 485 automatically?
2. Also, at what point can we say the the PD is ported and what would indicate that it is ported?
3. Can the new I140 be filed only when the date is current - so when Jan 2006 for EB2 becomes current, then he would file the I140? If the answer here is yes, I guess I answered my question #2 myself. The fact that the I140 application was accepted would imply the PD has been ported
4. I am presently working on EAD which is a benefit arising out my original EB3 application. Would I still be able to continue using the EAD once the EB2 is "ported"? I guess I would also re-apply new EAD and I1485 applications with the new i140. If the I140
is accepted, do I have to wait for the new EAD to come up to continue working?
6. If the new petition is denied for whatever reason, does this affect my original petition?
Thanks a million to all who can help me with these questions!!
1. No
2. Approval Notice for new I-140 will indicate earlier priority date
3. Not correct. I-140 can be filed after new labor is approved
4. No
5. Question 5 is missing !!!
6. No
There is no need to apply for second I-485. A letter indicating pending I-485 and newly approved I-140 is enough.
________________
Not a legal advice
I was thinking about doing a EB3 to EB2 port, by filing a new EB2 application with a new employer. My pending 485 has a PD of Jan 2006, with an approved LC and I140. As I understand the portability process, my new co. lawyer would have to file a copy of my old 140 along with the application for the new 140, requesting porting of the PD to this new EB2 application. However, what does this do to my original 485?
1. Does this cancel out the original 485 automatically?
2. Also, at what point can we say the the PD is ported and what would indicate that it is ported?
3. Can the new I140 be filed only when the date is current - so when Jan 2006 for EB2 becomes current, then he would file the I140? If the answer here is yes, I guess I answered my question #2 myself. The fact that the I140 application was accepted would imply the PD has been ported
4. I am presently working on EAD which is a benefit arising out my original EB3 application. Would I still be able to continue using the EAD once the EB2 is "ported"? I guess I would also re-apply new EAD and I1485 applications with the new i140. If the I140
is accepted, do I have to wait for the new EAD to come up to continue working?
6. If the new petition is denied for whatever reason, does this affect my original petition?
Thanks a million to all who can help me with these questions!!
1. No
2. Approval Notice for new I-140 will indicate earlier priority date
3. Not correct. I-140 can be filed after new labor is approved
4. No
5. Question 5 is missing !!!
6. No
There is no need to apply for second I-485. A letter indicating pending I-485 and newly approved I-140 is enough.
________________
Not a legal advice
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abuddyz
12-15 09:50 AM
Can someone who has applied without fees and has gotten approved EAD & AP renewal, second this statement???
fromnaija is 100% correct. my friend had applied for I485 in new fee structure and he also filed EAD renewal without paying any fee and got approval. In fact, I only suggested him to not pay any fee. When he called USCIS, they did not give proper answer. It is very well written in the instruction of EAD form so I suggested him to not pay any fee and file.
fromnaija is 100% correct. my friend had applied for I485 in new fee structure and he also filed EAD renewal without paying any fee and got approval. In fact, I only suggested him to not pay any fee. When he called USCIS, they did not give proper answer. It is very well written in the instruction of EAD form so I suggested him to not pay any fee and file.
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pmat
03-12 02:41 PM
Past few bulletins have definitely pulled all steam out of the members who used to participate in the VB predictions. I strongly believe that the bulletin dates will only move forward 1-2 months per YEAR if the law is not amended.
All the fence-sitters who are waiting for a miracle... Please start contributing from today itself because this year is THE year to get reform passed. Otherwise be prepared to wait for 3-4 years and don't waste your time checking VBs for next 3-4 years.
pmat
All the fence-sitters who are waiting for a miracle... Please start contributing from today itself because this year is THE year to get reform passed. Otherwise be prepared to wait for 3-4 years and don't waste your time checking VBs for next 3-4 years.
pmat
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sdeshpan
08-10 04:00 PM
You are interpreting the data wrong.
CY2002 is all dates prior to Oct 2001.
YR2002 is from Oct 2001 to Sept 2002. and CY2003 is all dates prior to Oct 2002.
So when you say CY2002 is 25, it means the number of applications prior to Oct2001.
I don't think CY means all dates before Oct. CY = Calendar Year, while Oct is the beginning of Fiscal Year (FY). So CY2002 should mean all dates prior to Jan 1, 2002.
CY2002 is all dates prior to Oct 2001.
YR2002 is from Oct 2001 to Sept 2002. and CY2003 is all dates prior to Oct 2002.
So when you say CY2002 is 25, it means the number of applications prior to Oct2001.
I don't think CY means all dates before Oct. CY = Calendar Year, while Oct is the beginning of Fiscal Year (FY). So CY2002 should mean all dates prior to Jan 1, 2002.
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matreen
12-01 02:54 PM
I am interested in this topic...please share if any experiences...
Thanks,
M
Thanks,
M
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cooldude
07-19 11:55 PM
...
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snathan
02-16 12:47 PM
The physical or legal separation of married parties does not constitute a legal termination of a marriage. The legal separation is just a separation formalized by a court.
If the marriage terminates by divorce before I-485 is approved (i.e. the adjustment of status is granted), spouse will NOT be eligible for green card a.k.a. permanent resident status.
_________________
Not a legal advice.
Whats the difference between legal separation and divorce...
If the marriage terminates by divorce before I-485 is approved (i.e. the adjustment of status is granted), spouse will NOT be eligible for green card a.k.a. permanent resident status.
_________________
Not a legal advice.
Whats the difference between legal separation and divorce...
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sanju
02-03 12:15 AM
This is SUPER reply. :D Maybe we should do a favor to Steve Balmer and send Grassley this letter. :p
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haifromsk@yahoo.com
09-14 04:28 PM
i did a small research and ppl in the forums said its not a big deal.
My wife has a LUD on 485 after than . I understand it doesnt mean clearance.
I will call FBI to see if they sent the results which I beliebe they have.
One possibility I think why the match found warning sowed up coz
my wife is a therapist and had to take fingerprinting in the past for LINCENSE
to work as a therapist . But suprising to me the databases are so well integrated
My wife has a LUD on 485 after than . I understand it doesnt mean clearance.
I will call FBI to see if they sent the results which I beliebe they have.
One possibility I think why the match found warning sowed up coz
my wife is a therapist and had to take fingerprinting in the past for LINCENSE
to work as a therapist . But suprising to me the databases are so well integrated
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Gravitation
10-01 08:38 AM
hey guys i need to know if there is any way i can travel to india.......my grandfather is critical.my visa status is H4 and i just recieved a reciept notice for my documents.i also need to get our visa stamped.my husband on H1 cannot make this trip.......any suggestions?????
If you can get a valid H4 stamp in India, you can return without any problem.
If you can get a valid H4 stamp in India, you can return without any problem.
more...
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nixstor
12-10 05:08 PM
sanjeev,
please send me a pm with your contact information.
Thx
please send me a pm with your contact information.
Thx
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old_hat
05-13 08:19 PM
qasleuth
The labor at the client I mentioned was paid 15/hr or $30,000/year which is about 15K less than an average engineer graduating from US schools. They know they are underpaid. The discussion came up over lunch when I ask them if they know they are underpaid.
They are also not the best and brightest (which is the intent of the immigration). They are not IIT grads. Most are graduates of cottage education institutions all over India. They come here because it is better than the ghetto... Some grow into the job, some do not.
The Urban Institute study shows that between 1985 and 2000 435,000 U.S. citizens and permanent residents a year graduated with Bachelors, Masters, and Doctoral degrees in Science and Engineering. That's three times the number of jobs in Science and Engineering added per year, 150,000 during that time.
Separately Michael Teitelbaum at the Alfred P. Sloan Foundation told Congress that neither he nor a separate study by the RAND Corporation can find any evidence of worker shortages. These studies are not anomalies.
VIVEK WADHWA, HARVARD UNIVERSITY: Bottom line is that all of our research at Duke and now at Harvard shows the same thing. That there is no shortage of engineers; there's no shortage of scientists. Companies aren't going abroad because of skills. They're going abroad because it's cheaper.
Again, my "anecdotal" discussions are based on studies and observations about what is going on at clients around my major metro area. L1s come in, work for about 6 months and mass layoffs of US citizens occur.
Do you have some real counter evidence?
Do you work in the US?
Have you been to Dice.com and seen the number of jobs relative to applicants?
Things in IT are slow if you have not heard...
:)
If the labor at clients were not paid the minimal wages they are the 20% (20% is not majority) who are not following the norms and USCIS is coming down on them. USCIS charges a . And not all unemployed engineers can do the same work. You have a lot of I-bankers out of work can you hire them to do chip design? I personally know 3 H1 guys who lost job with a couple of weeks, so it is not that H1 guys are not losing there jobs. The economy is bad so there are no takers for the 65000 quota. And those numbers are definitely spooky. You have to really see what all constitutes as Science degrees there. Does it also include biological sciences?
The labor at the client I mentioned was paid 15/hr or $30,000/year which is about 15K less than an average engineer graduating from US schools. They know they are underpaid. The discussion came up over lunch when I ask them if they know they are underpaid.
They are also not the best and brightest (which is the intent of the immigration). They are not IIT grads. Most are graduates of cottage education institutions all over India. They come here because it is better than the ghetto... Some grow into the job, some do not.
The Urban Institute study shows that between 1985 and 2000 435,000 U.S. citizens and permanent residents a year graduated with Bachelors, Masters, and Doctoral degrees in Science and Engineering. That's three times the number of jobs in Science and Engineering added per year, 150,000 during that time.
Separately Michael Teitelbaum at the Alfred P. Sloan Foundation told Congress that neither he nor a separate study by the RAND Corporation can find any evidence of worker shortages. These studies are not anomalies.
VIVEK WADHWA, HARVARD UNIVERSITY: Bottom line is that all of our research at Duke and now at Harvard shows the same thing. That there is no shortage of engineers; there's no shortage of scientists. Companies aren't going abroad because of skills. They're going abroad because it's cheaper.
Again, my "anecdotal" discussions are based on studies and observations about what is going on at clients around my major metro area. L1s come in, work for about 6 months and mass layoffs of US citizens occur.
Do you have some real counter evidence?
Do you work in the US?
Have you been to Dice.com and seen the number of jobs relative to applicants?
Things in IT are slow if you have not heard...
:)
If the labor at clients were not paid the minimal wages they are the 20% (20% is not majority) who are not following the norms and USCIS is coming down on them. USCIS charges a . And not all unemployed engineers can do the same work. You have a lot of I-bankers out of work can you hire them to do chip design? I personally know 3 H1 guys who lost job with a couple of weeks, so it is not that H1 guys are not losing there jobs. The economy is bad so there are no takers for the 65000 quota. And those numbers are definitely spooky. You have to really see what all constitutes as Science degrees there. Does it also include biological sciences?
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gk_2000
12-15 07:24 PM
Thank you for your input, however I differ from you. What we need to educate other fellow members, as well as the community is,
1. Visa recapture has nothing to do with the current state of economy. People in que already have jobs.
2. Ppassing the bill, will give these people incentive to buy homes, good cars, overall help the economy to improve.
3. They can associate the recapture with a fee, that will eventually bring in revenue as well.
Fees? Don't mention that word. They already think of us as a bank giving away free loans. How could you forget so soon, about the fence fees?
1. Visa recapture has nothing to do with the current state of economy. People in que already have jobs.
2. Ppassing the bill, will give these people incentive to buy homes, good cars, overall help the economy to improve.
3. They can associate the recapture with a fee, that will eventually bring in revenue as well.
Fees? Don't mention that word. They already think of us as a bank giving away free loans. How could you forget so soon, about the fence fees?
wandmaker
02-11 05:23 PM
?
:cool:
Got me! :D
:cool:
Got me! :D
snathan
03-05 03:51 PM
Some a$$ h$$e gave me a red dot for saying this. I am not working for any blood sucker. If you have guts come out openly and talk you retard.
This is the comment from another a$$ h$#e.
dont defend the shits who bring all of us a bad name ok?
Why do you waste your time with the shit. Fix the loop holes and the system will take care itself.
Focus your energy on the core issues. You dont need to play the cops here.
Do you understand that idiot. Do you know another than giving red dot you oxymoron.
This is the comment from another a$$ h$#e.
dont defend the shits who bring all of us a bad name ok?
Why do you waste your time with the shit. Fix the loop holes and the system will take care itself.
Focus your energy on the core issues. You dont need to play the cops here.
Do you understand that idiot. Do you know another than giving red dot you oxymoron.
