unitednations
08-02 12:50 PM
Thanks UN
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
245i is a good example of correct intention but poor execution.
It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.
it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).
Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.
I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.
Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.
California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.
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hpandey
06-26 10:50 AM
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%—you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
:D Good points - ... Mr Hiralal seems to be digging up the worst case scenarios from everywhere in the media and now he has even turned to the movies . I watched Pacific Heights fifteen years back and Hiralal should realize that it was about a psycho and made for entertainment. Not to discourage people to rent .
There are plenty of movies on bigger worst case scenarios like ValidIV mentions above but Hiralal please remember movies are made for entertainment ( except some movies of course ).
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%—you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
:D Good points - ... Mr Hiralal seems to be digging up the worst case scenarios from everywhere in the media and now he has even turned to the movies . I watched Pacific Heights fifteen years back and Hiralal should realize that it was about a psycho and made for entertainment. Not to discourage people to rent .
There are plenty of movies on bigger worst case scenarios like ValidIV mentions above but Hiralal please remember movies are made for entertainment ( except some movies of course ).
my2cents
05-03 07:55 AM
For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.
You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.
Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.
Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.
A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.
One funny thing..people are planning how to sell before they even look for house to buy. lol..
You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.
Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.
Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.
A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.
One funny thing..people are planning how to sell before they even look for house to buy. lol..
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satishku_2000
05-16 05:06 PM
Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.
Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.
Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.
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chanduv23
03-24 02:58 PM
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
Agreed - OP needs a good lawyer now.
Agreed - OP needs a good lawyer now.
axbasit
12-28 03:52 PM
I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
forum is turning into something else.
would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org
forum is turning into something else.
would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org
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alisa
01-04 12:57 PM
Let me try. I still have one day more before I start working again.
I don't have a lot of time either. My wife is getting increasingly irritated; I might lose my laptop-privileges pretty soon.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished?
Its not because I am defending Dawood. Its just that when people talk about Dawood, the response from Pakistan has been that India is giving the list of the usual suspects, and trying to score points. [They also deny that he is in Pakistan]. So, I say, forget the past. Just focus on Bombay; get to the bottom of it, use it as an opportunity to improve relations between India and Pakistan, and move forward.
You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
First of all, 'I' won't be taking any action, regardless of what proof anyone provides.
Secondly, I think Pakistan shouldn't need to be provided any proof. Pakistan should do its own investigation. And Pakistan and India should also cooperate in their investigations.
And then Pakistan should charge those people with 'treason', and hang them.
We want see if we can trust you.
First of all, there is no 'we' as you mean it. This is not IndianImmigrationVoice, despite repeated and increasing evidence to the contrary.
Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan me a million dollars, 'trust' is a moot point.
You don't won [own] up, yet you won't punish and infact you seem to protect these guys.
I think you are unable to distinguish between an individual (me for example, or you), groups of individuals (any one of the militant groups), the state and the government (Pakistan or India), the media, and the public opinion.
I don't have a lot of time either. My wife is getting increasingly irritated; I might lose my laptop-privileges pretty soon.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished?
Its not because I am defending Dawood. Its just that when people talk about Dawood, the response from Pakistan has been that India is giving the list of the usual suspects, and trying to score points. [They also deny that he is in Pakistan]. So, I say, forget the past. Just focus on Bombay; get to the bottom of it, use it as an opportunity to improve relations between India and Pakistan, and move forward.
You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
First of all, 'I' won't be taking any action, regardless of what proof anyone provides.
Secondly, I think Pakistan shouldn't need to be provided any proof. Pakistan should do its own investigation. And Pakistan and India should also cooperate in their investigations.
And then Pakistan should charge those people with 'treason', and hang them.
We want see if we can trust you.
First of all, there is no 'we' as you mean it. This is not IndianImmigrationVoice, despite repeated and increasing evidence to the contrary.
Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan me a million dollars, 'trust' is a moot point.
You don't won [own] up, yet you won't punish and infact you seem to protect these guys.
I think you are unable to distinguish between an individual (me for example, or you), groups of individuals (any one of the militant groups), the state and the government (Pakistan or India), the media, and the public opinion.
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DSJ
05-17 02:43 PM
Come on man don't preach here. Your so called paid *permanent job* is to do work at your office, not spend time in this forum to post lengthy text.
Do you think what you are doing is legal or illegal to your company.
Reality is, being a 'consultant' on the bench is illegal.
Do you think what you are doing is legal or illegal to your company.
Reality is, being a 'consultant' on the bench is illegal.
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RaviG
07-14 08:03 PM
Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
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AllVNeedGcPc
07-14 07:51 PM
Do you have any evidence/reference to back this up?
Have MS from US, got applied in EB3, was stuck in BEC for 4 yrs and 2 months, still waiting on 140...
Have MS from US, got applied in EB3, was stuck in BEC for 4 yrs and 2 months, still waiting on 140...
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puddonhead
06-05 04:42 PM
>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
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sc3
08-05 08:29 PM
see below
Then check. Context is everything sometimes.
I checked, everything I said before, I stand by it.
There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?
So, I used your black brush to paint over your argument to the argument you claim to resolve. You should expect that, when you try to sling mud on others, you should be ready to get some mud on you too. You cant go complaining when you get the taste of your own medicine.
Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.
Again you seem to be implying that we are getting our labor for free (or that we dont deserve it)... Can you say why? Agreed there are some (a lot?) who use loopholes etc, but then that is not restricted to EB3s alone.
I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.
I am not in IT either. I am into software research, but IT folks do the work that requires skills. In your home environment, you can slap-on machines and routers etc. and it works because you dont need performance, and because some IT and some developer sat together to bring out a product that was easy to use. In production environment, you need to support 1000s of "consumers". Performance reliability etc. is the key, and it takes a lot skills to manage. I am fairly skilled when it comes to computers, but still I will not match most of the IT folks that work in my company.
If monkeys could really do the job, and the managers hired humans, probably, the company was being managed by monkeys.
Then check. Context is everything sometimes.
I checked, everything I said before, I stand by it.
There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?
So, I used your black brush to paint over your argument to the argument you claim to resolve. You should expect that, when you try to sling mud on others, you should be ready to get some mud on you too. You cant go complaining when you get the taste of your own medicine.
Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.
Again you seem to be implying that we are getting our labor for free (or that we dont deserve it)... Can you say why? Agreed there are some (a lot?) who use loopholes etc, but then that is not restricted to EB3s alone.
I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.
I am not in IT either. I am into software research, but IT folks do the work that requires skills. In your home environment, you can slap-on machines and routers etc. and it works because you dont need performance, and because some IT and some developer sat together to bring out a product that was easy to use. In production environment, you need to support 1000s of "consumers". Performance reliability etc. is the key, and it takes a lot skills to manage. I am fairly skilled when it comes to computers, but still I will not match most of the IT folks that work in my company.
If monkeys could really do the job, and the managers hired humans, probably, the company was being managed by monkeys.
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dealsnet
01-07 11:16 AM
Somebody give me idiotic comment in my reference about Sadam. It is true that during the Kuwait invation, Iraqi army is supported by palastine people in kuwait. they also sided with them in lootting the country. After the war Kuwaitis driven out 5 lakh palastines from there. Now not more than 10 thousand palastines in kuwait. So these people are traitors. You can ask anybody worked in Kuwait during that time. As I said before, I have been in Kuwait 10 years ago and talked with many people. So not much sympathy for Palastines from Kuwait. No body like them. So they are making just crocrodile tears for them. No action from Arabs. Only retarded Indian or paki think about them.
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nojoke
05-03 02:33 AM
NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
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Legal
08-05 09:00 PM
I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.
the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D
the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D
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jonty_11
08-02 12:07 PM
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
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gcisadawg
01-06 05:45 PM
Refugee New,
The focus has totally shifted from "Israeli occupation of Palestine" to "Terrorism". WHY? Blame it of Arafat, his successors and now Hamas.
See how other Arab countries are treating Palestinian Refugees.
http://en.wikipedia.org/wiki/Palestinian_refugees
You can not blame everything on Jewish media. There is no point in you and me jumping up and down. The people that needs to realize should realize and focus on a workable solution.
Mumbai terrorism was discussed at length but you did not see the same level of discussion for LTTE's war with SLA. LTTE shares religion, language and ethnicity with lots of Indians but you DID NOT see the board discussing about that war a lot. What does that mean? It is people's nature to care only about things that impact them. There are so many stuffs that happens in world that doesn't impact all.
This is another example of Middle east getting much more media attention than war between LTTE and SLA. With all the media attention and world opinion favoring Palestine until 10 years ago, they should have gotten their own state long ago.
The focus has totally shifted from "Israeli occupation of Palestine" to "Terrorism". WHY? Blame it of Arafat, his successors and now Hamas.
See how other Arab countries are treating Palestinian Refugees.
http://en.wikipedia.org/wiki/Palestinian_refugees
You can not blame everything on Jewish media. There is no point in you and me jumping up and down. The people that needs to realize should realize and focus on a workable solution.
Mumbai terrorism was discussed at length but you did not see the same level of discussion for LTTE's war with SLA. LTTE shares religion, language and ethnicity with lots of Indians but you DID NOT see the board discussing about that war a lot. What does that mean? It is people's nature to care only about things that impact them. There are so many stuffs that happens in world that doesn't impact all.
This is another example of Middle east getting much more media attention than war between LTTE and SLA. With all the media attention and world opinion favoring Palestine until 10 years ago, they should have gotten their own state long ago.
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
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nogc_noproblem
08-05 01:35 PM
A guy in a bar was talking about how he always watched his wedding video backwards.
When asked why, he replied:
"Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."
When asked why, he replied:
"Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."
willwin
07-13 11:21 AM
Here is my 2 cents worth...
Pappu, are you saying that whatever initiative that IV has taken now to address recapturing (HR5882), per country limit removal and STEM are GOOD ENOUGH as long as we have mass support and no further effort required?
Well, If we are not having enough support, I am not sure how much of that we could change.
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
Pappu, are you saying that whatever initiative that IV has taken now to address recapturing (HR5882), per country limit removal and STEM are GOOD ENOUGH as long as we have mass support and no further effort required?
Well, If we are not having enough support, I am not sure how much of that we could change.
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
gc4me
12-17 03:57 PM
Is it 200 not 2000 :D
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
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