pa_arora
07-09 02:39 PM
I was talking abut this from the past 1 year approx (going on the streets). Good that we have finally decided to get ourselves heard on those deaf ears.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
I am in for SJ.
One more suggestion, even if we dont see too much gathering there we should not stop here & should keep doing this atleast every couple of months.
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rajuseattle
09-12 03:18 PM
My I-140 was filed electronically and then it was transferred over to TSC for processing.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
sankap
07-09 10:47 PM
I agree: you should take legal advice from as many attorneys as possible. In my experience with multiple attorneys on these topics (i.e., self-employed vs. W2 on EAD, and "filing" AC21), I got conflicting pieces of advice. So the only resources I could base my thinking on are USCIS and IRS.
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
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roseball
04-01 03:33 AM
Hi All,
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
more...
eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
amits
07-20 07:57 AM
A big thanks to those who are contributing in this thread!
If you have not done already, then please consider the monthly recurring contribution for IV as well:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Monthly recurring contributions signups - Marathon.
http://immigrationvoice.org/forum/showthread.php?t=3426
If you have not done already, then please consider the monthly recurring contribution for IV as well:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Monthly recurring contributions signups - Marathon.
http://immigrationvoice.org/forum/showthread.php?t=3426
more...
rajuseattle
09-24 07:32 PM
Guys,
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
I received my I-485/EAD/AP receipt notices from NSC, our company attorney filed petitions on august 07th 2007, USCIS receipt notice date is 09/14/2007 and attorney received receipt notices on 09/24/2007.
I am waiting for my copies, but tracking it online using the LIN numbers.
My I-140 pending at TSC on july 13th 2007, LUD on 08/12/2007 but no action after that.
I-485/EAD/AP LUD on 09/18/2007
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aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
more...
sachuin23
11-18 06:11 PM
Done, Got replies from 2 senators.
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h1techSlave
06-28 09:05 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
more...
amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
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akhilmahajan
02-09 02:18 PM
Thanks a lot kate123.
Grand Total - $328
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Grand Total - $328
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
more...
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skalra
02-05 05:58 PM
Does anybody know how long one can stay out of Canada after landing? I heard some where its 2 years and some say its 3 years from the date you land.
And that time does not have to be continous. You can do cycle of 6 months in Canada 1 year outside outside and it will still count to 2 years by end of 5 years, or you can do just last 2 years of those 5 years.
And that time does not have to be continous. You can do cycle of 6 months in Canada 1 year outside outside and it will still count to 2 years by end of 5 years, or you can do just last 2 years of those 5 years.
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waitforgc123
09-18 10:39 AM
My 485 was recvd at Jul 3rd - R Williams 9:03 - No information yet on it ...
more...
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smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
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raju123
07-03 07:38 AM
I like the idea. Why only secretory of Homeland security only. Cover White House and Speaker of House and Majority Senate leader.
We need systematic planning and coordination. The letter should have background picture of Gandhiji and footnote should contain famous quote of Gandhiji.
Anyway good idea to have attention of media and lawmakers.
We need systematic planning and coordination. The letter should have background picture of Gandhiji and footnote should contain famous quote of Gandhiji.
Anyway good idea to have attention of media and lawmakers.
more...
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mirage
03-26 11:26 AM
No I have no proof to substintiate that, but I have read it on few forums here and there, I live in a very small city in NY, I know atleast 15 people with their PD in early 2003, That tells me the extent of problem, how many would there be in NJ, CA, IL, TX, VA etc. The only relief would be people who would convert to EB2 and leave that space. Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
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Administrator2
11-18 09:50 AM
done... Congressman changed in recent election.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
Newly elected lawmakers are not members of the Congress until 7th January, 2011. In the lame duck session i.e. time between elections and end of the year, the same lawmakers will continue to vote even if they lost their election.
The names of the Members of Congress is correct.
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chanduv23
03-10 07:10 AM
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.
Having a cooperative employer makes a big difference, something that makes you comfortable.
Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.
After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.
In short, retrogression will be there and will affect us.
If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.
getgc2008
07-09 02:41 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
Would I get an RFE if I work on contract on W2?
tonyHK12
02-09 09:09 PM
Ok, now I am a recurring donor...
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
I just did my first contribution of $100 and have become a recurring contributor for the same amount.If needed I will increase my contribution for March and April, as I will not be able to attend the event due to Family.
thanks for your contribution 'gk_2000', this is also for user 'gujju'. Please send your details to ivcoordinator@gmail.com to get Donor access and you will get a lot more details of our advocacy efforts.
IV username:
Ph #
City and State of residence:
Pay pal receipt date:
Transaction / subscription #:
Date of payment:
One time or recurring donations: Recurring
For members - All one time donations for the next 2 months will be for the April 2011 Advocacy days.
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