logiclife
01-30 01:20 PM
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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thirdworldman
03-09 10:56 PM
Oh yeah, I know my bench sucks.
arnab221
03-18 07:57 PM
On a lighter note .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
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gc28262
03-10 03:27 PM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
more...
nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
himu73
07-03 11:31 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
more...
supernova
04-06 08:37 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
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dotnetguru
04-07 12:23 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
more...
Imigrait
07-11 05:28 PM
Can you provide the source of this info? a link or something?
Here's your link
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Look at Section E. I have also pasted the text below.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
Here's your link
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Look at Section E. I have also pasted the text below.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
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Jaime
09-10 12:23 PM
You pay your taxes, abide by the law, follow all rules - And yet you are discriminated against with per country caps and with most immigrant visas going to the unlimited family members joining former illegal aliens in the U.S.
more...
alex99
10-28 06:46 PM
Please participate in the Poll
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nlssubbu
09-24 01:55 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
more...
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yawl
08-15 04:16 PM
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
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bheemi
07-02 07:32 PM
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Ask funds for some other work but not for lawsuit..
more...
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abhijitp
07-24 12:16 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
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thirdworldman
02-16 07:11 PM
Thanks for all the compliments folks, I appreciate the encouragement. Soulty, yes, that is the perspective I've been working toward..in fact, I've so far modeled everything around that perspective...i.e. everything looks like crap if viewed at a different angle. I'm open to suggestions though.
I also agree with what Soulty said about not quitting--especially not on my behalf. This project should be fun, and from what I've learned, every 3d project is a huge learning experience and there are so many directions you could go with it.
I also agree with what Soulty said about not quitting--especially not on my behalf. This project should be fun, and from what I've learned, every 3d project is a huge learning experience and there are so many directions you could go with it.
more...
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sasi1234
04-10 09:47 AM
First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.
There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.
Loved desi crunch..especially the tips that you gave for consultants..they make more sense!!
There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.
Loved desi crunch..especially the tips that you gave for consultants..they make more sense!!
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dealsnet
08-21 11:14 PM
Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
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eb3_2004
06-23 08:28 AM
I am filling I485 for my spouse..In part 2 of the application which option should i choose for spouse( a and b sound logical for spouse). please tell me which one to fill
gc_check
10-29 11:45 AM
Folks, This poll was created originaly on 7/7, Many folks got their GC, since then. The % might not reflect the current numbers of folks waiting. Still a good indicator, May be new poll might give a current status.
GCOP
10-15 01:04 PM
Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
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