gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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senthil1
12-26 07:21 PM
If old employer revokes I140 then the result will be unpredictable. But it is upto INS to decide. Only those who had similar experience can tell clearly about this. Or a Lawyer can give better idea
Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?
-Thanks,
Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?
-Thanks,
abhijitp
03-15 08:15 PM
Renewing the call to folks from North California to go attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)
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gvenkat
09-09 01:00 PM
Unless there is a concrete effort just for EB3-I, Nothing is going to happen. It's just unfortunate that we are just a subset who are affected. In reality everyone else gets a GC in 5-6 years..
more...
rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
kondur_007
07-12 04:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
more...
PERM12
08-11 11:42 AM
All,
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
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larun
06-12 08:36 AM
Done
more...
pcs
02-14 03:15 PM
1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany
In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss
3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable
4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants
5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector
6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs
7. Raiding Jewish business and making arrests on a number of charges
Arrests and charges against body shops have started on body shops.
More to follow
The pint is well made....
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany
In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss
3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable
4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants
5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector
6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs
7. Raiding Jewish business and making arrests on a number of charges
Arrests and charges against body shops have started on body shops.
More to follow
The pint is well made....
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
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mrdelhiite
07-23 02:41 PM
Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?
it is the ONLY requirement for 485 from employer. Please talk to your lawyer as your application can be rejected due to insufficient initial documents.
-M
it is the ONLY requirement for 485 from employer. Please talk to your lawyer as your application can be rejected due to insufficient initial documents.
-M
more...
pointlesswait
07-28 05:02 PM
DELETED!
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
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singhsa3
02-22 09:18 AM
In ancient times there used be gods for every potentially powerful / Harmful things that people were afraid of . For example:
God of Fire : Hephasistos for greeks, Agnidev for Hindus, Vulcan for Romans
Godess of Wisdom : Athena for greeks, Sarswati for Hindus, Minerva for Romans
King of gods : Zeus for greeks , Indra for Hindus, Jupiter for Romans
etc etc...
So in the modern times we have the following gods, and we are afraid making them unhappy
God of Visa Bulletien : DOS
God of Visa issuance : INS
King of gods : The Lawmakers.
Then there are priests , who claim to have direct connections with these Gods. :D
I agree with you.
This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.
God of Fire : Hephasistos for greeks, Agnidev for Hindus, Vulcan for Romans
Godess of Wisdom : Athena for greeks, Sarswati for Hindus, Minerva for Romans
King of gods : Zeus for greeks , Indra for Hindus, Jupiter for Romans
etc etc...
So in the modern times we have the following gods, and we are afraid making them unhappy
God of Visa Bulletien : DOS
God of Visa issuance : INS
King of gods : The Lawmakers.
Then there are priests , who claim to have direct connections with these Gods. :D
I agree with you.
This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.
more...
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rajuram
07-13 02:22 PM
It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.
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texanguy
06-08 06:26 PM
I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
more...
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10dulkar
08-15 05:18 PM
Expected news for EB3 folks
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BlueSunD
02-27 09:38 PM
You�re welcome ;)
and...can�t wait to see!
Cheers!
and...can�t wait to see!
Cheers!
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alias
09-10 01:25 PM
Would the Sys Admin know if you've done that? :D
Nope, you are simply transporting RTSP video data on port 80, to them it should be like any other web traffic.
Nope, you are simply transporting RTSP video data on port 80, to them it should be like any other web traffic.
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eastindia
09-09 01:30 PM
did any one did math...
EB1 - all current
|
|
\/
EB2 - World current
|
|
\/
EB2 - India / China
|
| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 All
|
|
\/
EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
EB1 - all current
|
|
\/
EB2 - World current
|
|
\/
EB2 - India / China
|
| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 All
|
|
\/
EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
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f_b_2007
07-18 08:32 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
jaocanada
09-19 03:40 PM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
MeMyselfandUs: Thank you very much for registering the domain and adding the forwarding link.
This is my from of contribution.
MeMyselfandUs: Thank you very much for registering the domain and adding the forwarding link.
number30
10-11 07:13 PM
Damn, I miss India now.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
