Desertfox
03-16 02:32 PM
I find Ron Gotcher's website very informative. It�s your choice not to read or to disagree with the speculative part, but he definitely is doing a fantastic job of educating the immigration community by answering the simplest of questions. I don�t care if this is a marketing tool for him, but I get a huge relief on the verge of getting laid off, when he quotes from the law-book to assure me that it�s ok to be unemployed after AOS. He takes the time to do that for me. There are not too many out there doing the same!
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
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CantLeaveAmerica
06-18 07:05 AM
Besides not signing this so called contract
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
felix31
12-14 11:06 AM
Finally I gave a thought to all this GC business and I am planning to start my Canadian PR too, here are my questions :
1. Does anybody know of any good immigration cunsulting company for Canadian PR processing ?
2. How much would be the total cost to get it done throught the consulting services ?
3. Are there any hidden costs which these companies tell you at the end and try to rip you ?
Thanks
You do not need anyone. I am preparing my application by myself as well. Check the official website www.cic.gc.ca and check www.immigration.ca forums for useful pointers and tracking when you apply.
good luck
1. Does anybody know of any good immigration cunsulting company for Canadian PR processing ?
2. How much would be the total cost to get it done throught the consulting services ?
3. Are there any hidden costs which these companies tell you at the end and try to rip you ?
Thanks
You do not need anyone. I am preparing my application by myself as well. Check the official website www.cic.gc.ca and check www.immigration.ca forums for useful pointers and tracking when you apply.
good luck
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sparklinks
10-17 08:51 AM
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
more...
bcogswell11
12-31 07:49 PM
Yap both entries were intense and better than anything I could ever do, but Soul's detail and multiple parts made me give him my vote. Awesome job guys!
-brad-:evil:
-brad-:evil:
WAIT_FOR_EVER_GC
09-01 03:44 PM
Please post your concerns to this thread:
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
more...
suavesandeep
07-14 03:38 PM
As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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rakesh_one
04-07 03:28 PM
Read this!!!!! they did not use all the recaptured visas from last time
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007.
In 2007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005
that allowed the recapture of 50,000 unused employment-based
visas (4,743 of these visas were used in 2007) and provisions of the American Competitiveness in the 21st Century Act of 2000 that
permitted the recapture of 130,107 visas (7,312 of these visas were used in 2007).
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007.
In 2007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005
that allowed the recapture of 50,000 unused employment-based
visas (4,743 of these visas were used in 2007) and provisions of the American Competitiveness in the 21st Century Act of 2000 that
permitted the recapture of 130,107 visas (7,312 of these visas were used in 2007).
more...
GCHope2011
11-14 09:44 PM
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Every discussion gravitates towards donation because at the end of the day, the reality is that there is a need to mobilize funds, to take our game to the next level.
At the same time, there is a whole bunch of immigrants waiting in the queue for 5,7,10 years, passively, just talking, who could have easily contributed $25 per month to create a momentum for us.
All this complaining about transparency (knowing or not knowing that not-for-profit organizations need to follow very strict accounting and disclosure rules), is just not productive. I would rather put my trust in a bunch of fellow immigrants who are trying to help us all collectively.
Even if nothing comes out of it, I would have tried to push my luck through this group, rather than sitting and waiting for things to change on their own.
Disclaimer: I am not a part of the core or any peripheral group of IV. I am just like everyone else, but have decided to try my bit by contributing.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Every discussion gravitates towards donation because at the end of the day, the reality is that there is a need to mobilize funds, to take our game to the next level.
At the same time, there is a whole bunch of immigrants waiting in the queue for 5,7,10 years, passively, just talking, who could have easily contributed $25 per month to create a momentum for us.
All this complaining about transparency (knowing or not knowing that not-for-profit organizations need to follow very strict accounting and disclosure rules), is just not productive. I would rather put my trust in a bunch of fellow immigrants who are trying to help us all collectively.
Even if nothing comes out of it, I would have tried to push my luck through this group, rather than sitting and waiting for things to change on their own.
Disclaimer: I am not a part of the core or any peripheral group of IV. I am just like everyone else, but have decided to try my bit by contributing.
hair food chain pyramid of numbers.
Lasantha
06-25 01:27 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
more...
desi3933
03-18 03:26 PM
.....
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
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seekerofpeace
09-17 03:39 PM
Caliguy,
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
more...
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greatzolin
08-22 01:00 PM
not that it matters but do you know who signred for it and the time at NSC?
thanks in advance!
thanks in advance!
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hopefulgc
08-13 05:11 PM
I wanted to get an idea how many EB2 guys would be willing to visit DC to meet lawmakers to help out our EB3 brothers. Unquestionably all EB3 should be willing to visit. This is the chance to show that IV is indeed one.
Refering to this thread
http://immigrationvoice.org/forum/showthread.php?t=20858
Refering to this thread
http://immigrationvoice.org/forum/showthread.php?t=20858
more...
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bigboy007
11-19 04:53 PM
enough is enough on good old Divide and conquer policy... collective we are will achieve something divided we are Definitely we will achieve some thing which is nothing. I support backlog elimination via recapture and removal of per-country limits . PERIOD. No STEM or LEAF or TREE... These are there for distraction..
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abcdefgh
12-14 03:57 PM
I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
more...
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kramac01
09-21 02:38 PM
looks like NSC is approving Spouse EAD huh???
I am also waiting for EAD.
My FP is also done on 08/29/07
My center is Nebraska.
I think slowly NSC has started approving EADs.
PD: Sep' 03.
Thanks.
I am also waiting for EAD.
My FP is also done on 08/29/07
My center is Nebraska.
I think slowly NSC has started approving EADs.
PD: Sep' 03.
Thanks.
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satishku_2000
12-28 01:18 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
It will be sent to attorneys office.
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
It will be sent to attorneys office.
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loudobbs
12-09 03:12 PM
Of course I do..:rolleyes::rolleyes::rolleyes::rolleyes:
:rolleyes:
:rolleyes:
hetuweb
08-23 08:44 PM
Yes, Everyone Will Get Fp Notices.:)
rajubuthi
08-17 12:38 PM
This was filed under EB2
