Desertfox
06-01 08:39 PM
Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
Hinglish
01-08 12:25 AM
I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck
I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
MerciesOfInjustices
05-22 12:48 AM
On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
Raj2006
06-09 02:37 PM
My EAD case is pending at California service center. Please reply here to get an idea about their processing time.
please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).
here is my information:
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
in initial review status.
thank you very much.
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
Got CPO on 06/07/2010.
please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).
here is my information:
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
in initial review status.
thank you very much.
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
Got CPO on 06/07/2010.
more...
sundar99
05-03 11:34 AM
Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
kaisersose
07-26 03:16 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
more...
kisana
04-11 04:27 PM
Can any one who has used e-file , please advice for my last two questions.
sss9i
08-05 10:42 PM
I didn't fill G28 form.
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
more...
H1InTrouble
09-21 09:31 AM
Hi
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
mantagon
07-15 01:06 PM
EAD is not a status. So how does her status change?
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
more...
atul555
09-01 03:27 AM
..when making the decision to settle down in US along-with the endless wait. Somethings you lose (or gain) by immigrating are intangible and unquantifiable.
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
mirage
03-06 01:03 PM
Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
http://groups.yahoo.com/group/yourvoiceiv/
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
http://groups.yahoo.com/group/yourvoiceiv/
more...
STAmisha
06-19 03:50 PM
Lawyers office is in Atlanta. So you think I can get it in 2 weeks?
ramus
05-21 09:09 AM
This is time to send press release to media and not for this document. Please visit press relese thred.
more...
Riakapoor
09-16 05:20 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
sam_hoosier
12-17 10:53 AM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.
more...
morchu
05-22 01:15 AM
You can gain passive income.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
_shoonya
11-14 10:44 PM
Deleted
chanduv23
09-14 04:55 PM
Follow Your Heart
blackberry
07-30 01:59 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
Texascitypaul
02-23 08:33 AM
I am a UK citizen i came to the US in 2008 (aug) when i married my USC wife,i then returned to the UK until Dec 2008 and have been in the US since under VWP,my i94 ran out in march 2009.
I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.
Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.
Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.
$64,000000 question what should i do?
Thankyou for reading
Paul
I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.
Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.
Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.
$64,000000 question what should i do?
Thankyou for reading
Paul
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