jonty_11
02-06 05:30 PM
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
wallpaper iPod Touch and b) the
sam2006
07-20 03:48 PM
Thanks !
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
I would like to be diplomatic on this ..
will like to go with the majority ..
but personally speaking.. may be we can have the drive till monday and see how it goes ..
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
I would like to be diplomatic on this ..
will like to go with the majority ..
but personally speaking.. may be we can have the drive till monday and see how it goes ..
desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
2011 iNav Mod: iRevan iPod Touch
willwin
03-25 05:41 PM
Basis for this "trust", please?
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
more...
n_2006
06-15 10:16 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Delhi
07-20 01:23 AM
In - $ 50 per month
- Delhi
- Delhi
more...
aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
2010 this for ipod touch since
FinalGC
08-20 03:45 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
more...
kumar1
01-30 02:05 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
STOP THIS NON-SENSE.......
hair iPod touch microphone
rayen
07-21 01:31 PM
EAD - Paper filed
Filled on June 30th
Receipt Date July 8st.
LUD on July 11th
Thanks.
Filled on June 30th
Receipt Date July 8st.
LUD on July 11th
Thanks.
more...
gk_2000
04-16 07:46 PM
Well, in that thread they were about to "hire a top constitutional lawyer", but it ended in a whimper...
hot iPod Touch Mods
fetch_gc
09-05 11:39 AM
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
more...
house the multi-touch screen to
desi3933
06-26 02:55 PM
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
>> you have nothing to loose
How can you say that? Do you EVEN know what are you saying?
I suggest you talk to lawyer before losing "something".
tattoo Touchmods VoIP 1.2 para iPod
mahujam
08-05 09:57 AM
These guys are not consistent. I should have gotten a 2 year EAD.
Dunno who to take this up with.
Dunno who to take this up with.
more...
pictures mods ipod touch july 4 by ~THEvalrog on deviantART
Jaime
06-26 10:49 AM
Santosh_gc, I agree with you when you ask "how can illegals be granted a path to citizenship, etc" I am from Mexico and I am as much against that as you, or even more! All those illegal aliens are essentially getting a free ride and the U.S. is trying to act all "Mother Teresa" with them just to attract the vote of Hispanics. It's sickening!
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
dresses Here is two new iNav mods
diptam
08-18 03:53 PM
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
more...
makeup mods
anzerraja
07-20 11:11 AM
Thanks Velan for your contribution. What exactly is your question ? Could you rephrase it please.
It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.
It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.
girlfriend touchmods-siphon
GC_Applicant
07-20 03:21 PM
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
hairstyles Dbar iPod touch mod
immigrationvoice1
03-26 10:04 AM
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
dkshitij
11-17 03:21 PM
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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