gapala
03-21 09:56 AM
OK. loud and clear Desi :D
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
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rpatel
07-19 08:18 AM
I think that going back to your home country ONLY because you feel overwhelmed by the delays in GC processing/retrogerssion (assuming you are quite content in your job and standard of living) is not a good idea. Especially true in the event that you and your family experience difficulties in adjusting professionally and socially after returning back. Chances are you might soon get a feeling of having taken a wrong decision in the heat of the moment, especially if the guys who stay back and ride this retrogression storm see some relief while you are still trying to adjust to the changed environment of your home country. You may even get tempted to come back and give the GC thing another shot but then you have to start at square one again.
Going back to home country only because of the shortcomings of GC process is like deciding to take a sanyas because you are tired of dealing with social issues. I belive a decision to renounce something should only come from a position of strength. A true jogi is one who understands the triviality of society and decides to rise above it...not the one who denouces it because he can't deal with it.
As the saying goes..its darkest before the dawn...I truely hope this is the case for all of us here...
We all know its not an easy 1-2-3 to happen in a jiffy for something to be debated in the Capitol hill...signed by the President..and becoming a law, against all odds of gas hikes,natural disasters,anti immigration...Immigration stands on a scale of 1 to 10,maybe number 9 or 10.
Going back to home country only because of the shortcomings of GC process is like deciding to take a sanyas because you are tired of dealing with social issues. I belive a decision to renounce something should only come from a position of strength. A true jogi is one who understands the triviality of society and decides to rise above it...not the one who denouces it because he can't deal with it.
As the saying goes..its darkest before the dawn...I truely hope this is the case for all of us here...
We all know its not an easy 1-2-3 to happen in a jiffy for something to be debated in the Capitol hill...signed by the President..and becoming a law, against all odds of gas hikes,natural disasters,anti immigration...Immigration stands on a scale of 1 to 10,maybe number 9 or 10.
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DSJ
06-19 03:28 PM
Those who are looking for our provision it starts from page:286.
Don't expect any changes from previous bill, we will be continued with deep shit.
Don't expect any changes from previous bill, we will be continued with deep shit.
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unitednations
03-21 09:41 PM
this whole issue of undistributed visas has been going on since 2005. It was thoroughly digested/analyzed by many, many people. The discussions had a lot of infighting just like this thread does.
The law hasn't changed; therefore, a different interpretation leaves open possibility of lawsuits.
I read the law to say specifically that if there is more people in que for greencard then hard limit of 7% to anyone country. Until there is less demand for eb1/eb2/eb3 as a whole then hard cap.
2005 and 2006 the number of greencards issued to anyone particular company had 7% total. Last year; particularly the summer, visas were used to overflow to china/india when they shouldn't have because in september eb3 row was retrogressed and so was eb2 row. Under the law; if eb3 row is not current then there can be no overflow of visas.
Most of row has sat idly while the visas have overflowed when they should not have. All it takes is someone from ROW to sue USCIS over this. However; no one does simply because by the time the lawsuit comes; there dates would probably be current and lawsuit would go away.
as an fyi; i don't think anyone has posted but there has been some peoples greencards which were approved in september and october where uscis sent a notice to rescind because the date wasn't current when it got approved. USCIS does have a track record now of rescinding or starting recission procedures if they have made a mistake. If ROW people do make some commotion to ombudsmen, senators, etc.; and oversubscribed countries go over 7% in this fiscal year then we could have some problems.
as an fyi; i am from row (got greencard a year ago) but thought I'd intervene since I was pretty heavily involvded in these discussions about three years ago.
The law hasn't changed; therefore, a different interpretation leaves open possibility of lawsuits.
I read the law to say specifically that if there is more people in que for greencard then hard limit of 7% to anyone country. Until there is less demand for eb1/eb2/eb3 as a whole then hard cap.
2005 and 2006 the number of greencards issued to anyone particular company had 7% total. Last year; particularly the summer, visas were used to overflow to china/india when they shouldn't have because in september eb3 row was retrogressed and so was eb2 row. Under the law; if eb3 row is not current then there can be no overflow of visas.
Most of row has sat idly while the visas have overflowed when they should not have. All it takes is someone from ROW to sue USCIS over this. However; no one does simply because by the time the lawsuit comes; there dates would probably be current and lawsuit would go away.
as an fyi; i don't think anyone has posted but there has been some peoples greencards which were approved in september and october where uscis sent a notice to rescind because the date wasn't current when it got approved. USCIS does have a track record now of rescinding or starting recission procedures if they have made a mistake. If ROW people do make some commotion to ombudsmen, senators, etc.; and oversubscribed countries go over 7% in this fiscal year then we could have some problems.
as an fyi; i am from row (got greencard a year ago) but thought I'd intervene since I was pretty heavily involvded in these discussions about three years ago.
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gconmymind
05-01 06:58 PM
^^
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gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
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BharatPremi
09-20 12:34 PM
Hello guys!
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
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immigrationvoice1
03-14 04:28 PM
If anyone starts tracking the life of a thread in IV forum, this thread has the highest possibility to stay "alive" for ever (no prizes for guessing why!):(
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jkays94
07-21 08:26 PM
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.
It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!
In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.
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vdlrao
07-14 11:24 AM
50K + visas only for EB2 India for fiscal years 2008/2009.
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amitjoey
02-08 03:40 PM
chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
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pappu
05-19 11:35 AM
can we keep sending the same message (by the same sender) to them everyday ?
would that be ok ? :confused:
Yes. But send only once a day so that it is not considered spam.
would that be ok ? :confused:
Yes. But send only once a day so that it is not considered spam.
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gcwait2007
03-13 04:58 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
I am also like you. As I have been searching this forum, I understand that you can ask your new employer to process a new EB-2 PERM, once it is approved, the new employer can submit for I-140 with interfiling of old PD of EB-3.
I am also like you. As I have been searching this forum, I understand that you can ask your new employer to process a new EB-2 PERM, once it is approved, the new employer can submit for I-140 with interfiling of old PD of EB-3.
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newyorker123
05-19 03:14 PM
$100 through Paypal.
Transaction ID: 91R50089TG454100N
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gulute
05-19 03:30 PM
That was real quick!
Thanks
Thanks
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abhijitp
02-15 03:15 PM
Folks this is great news!! I agree, we are all winners in the end!!! :) But don't go trying to beat me now abhijitp haha just kidding :D
It's the weekend folks, let's print out some template letters and ask friends for 1 minute of their time.
Let's keep up the momentum, March 1st will be here before we know it.
I am now on my toes... just sent a template to some folks who I never felt would sign it, but doesn't hurt taking a chance:)
Anything for "Admin relief"!
It's the weekend folks, let's print out some template letters and ask friends for 1 minute of their time.
Let's keep up the momentum, March 1st will be here before we know it.
I am now on my toes... just sent a template to some folks who I never felt would sign it, but doesn't hurt taking a chance:)
Anything for "Admin relief"!
more...
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Macaca
09-13 02:37 PM
I have been thinking about whether to attend the rally or not from past few weeks.
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
While conscience is our friend,
all is at peace;
however once it is offended,
farewell to a tranquil mind
Lady Mary Wortley Montagu
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
While conscience is our friend,
all is at peace;
however once it is offended,
farewell to a tranquil mind
Lady Mary Wortley Montagu
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kaisersose
07-14 11:02 AM
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
We should also add the recent upgrades from EB3 to EB2.
It is possible that CIS was not consuming visa numbers fast enough to keep DOS satsified that visa numbers would not go waste. To make sure, there is no wastage, DOS may have turned its attention to consular posts and pushed the date to June 2006 so they would generate demand for visa numbers.
There is a very important change starting this year. Spillover from EB1 and EB2-ROW goes to retrogressed EB2. Before this year, EB2 ROW spillover would go EB3 ROW. This is a big change that will result in a larger number of EB2 approvals compared to previous years.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
We should also add the recent upgrades from EB3 to EB2.
It is possible that CIS was not consuming visa numbers fast enough to keep DOS satsified that visa numbers would not go waste. To make sure, there is no wastage, DOS may have turned its attention to consular posts and pushed the date to June 2006 so they would generate demand for visa numbers.
There is a very important change starting this year. Spillover from EB1 and EB2-ROW goes to retrogressed EB2. Before this year, EB2 ROW spillover would go EB3 ROW. This is a big change that will result in a larger number of EB2 approvals compared to previous years.
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greencardvow
07-26 11:50 AM
In my previous company all the work was through an attorney. This attorney will always commit some mistake in the forms.
I think paralegal is better than an attorney for just preparing the forms. They charge less. They know as much as an attorney.
I know a paralegal who can prepare paperwork for H1B, PERM, 140 and 485. The email is icanhelp33@gmail.com.
I think paralegal is better than an attorney for just preparing the forms. They charge less. They know as much as an attorney.
I know a paralegal who can prepare paperwork for H1B, PERM, 140 and 485. The email is icanhelp33@gmail.com.
H4_losing_hope
02-26 10:57 PM
Nor. Cal group also made some good progress over the weekend even though we had some bad weather.
Cheers!
g
Keeping it live and kicking :)
Cheers!
g
Keeping it live and kicking :)
mkelekar
07-19 11:30 PM
If I file my wife's 485 separately, lawyer is doing mine and is not willing to include both together. My 140 is approved.
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
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