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  • greenlight
    02-18 02:07 PM
    Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.

    6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.


    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.





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  • rubiela
    11-07 10:45 AM
    I have been a victim since october 2004 I am still pending ... as NOvember 05 2007





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  • americandesi
    07-27 06:21 PM
    My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

    I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

    Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

    We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

    I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

    (1) Net income - The initial evidence reflects that the petitioner�s net income is equal to or greater than the proffered wage
    - (Supporting Evidence : Tax Returns).

    (2) Net current assets - The initial evidence reflects that the petitioner�s net current assets are equal to or greater than the proffered wage.
    - (Supporting Evidence : Audited Financial statement)

    (3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
    - (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

    Ours is a small company and doesn't have net income or net assets matching the proffered wage.

    Can anyone please answer this question?





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  • manishs7
    07-18 05:46 PM
    3. Time limit on FBI namecheck.
    4. Visa number for primary applicant only..



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  • chicago60607
    09-17 11:29 AM
    Sorry it is about Impeachement of U.S. District Judge G. Thomas Porteous





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  • chanduv23
    01-22 09:43 AM
    That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.

    Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).


    ________________
    Not a legal advice.


    Lets not assume we know all legal stuff.
    Defining employer - employee relationship is different from abuse and we cannot relate these two.

    I do agree that to challenge the law rightfully, one has to have credibility.



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  • njdude26
    04-08 11:21 AM
    Can someone see if they can get some air-time with NPR ??





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  • dpp
    06-13 09:58 AM
    I agree with you. But i made those comments immediately after reading that other post. Those comments are not good for any EB2-I. He/she should not post like that.

    We all want our GCs come ASAP, but one should not cry for other's advantage. Otherwise i am OK to fight to bring justice to all.


    Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!

    And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.



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  • sobers
    02-21 11:47 AM
    I sincerely believe NASSCOM should not ask Bush to raise H1B cap while he is there. It will create unnenecessary rukus in the U.S. media, and critics may contend that foreign institutions are trying to influence US immigraton policy.
    Anyone with contacts in the Sofware Industry/NASSCOM please contact them (and Karnik) to let them know this will be counter-productive at this time. I'm not sure what these guys are thinking, sitting in their offices in Bangalore:(


    Social Secuirity Reform for H1Bs is, on the other hand, a genuine financial concern and should be tackled immediately.

    ------------

    Indo-Asian News Service

    Bangalore, February 21, 2006


    The National Association of Software and Service Companies (Nasscom) will take up the issue of enhancing the H1-B visa cap for Indian IT professionals during US President George W Bush's upcoming visit to India.

    The present annual cap of 65,000 H1-B visas for Indian professionals was far too low and needed to be raised substantially to meet the growing industry demand, Nasscom president Kiran Karnik told reporters in Bangalore on Tuesday.

    "Though there are no great issues with the US, we are concerned with the existing cap on H1-B visas, which continues to trouble us," Karnik said.

    He added, "This is something even the US corporations are concerned about and share with us."

    "We intend to take up the issue with President Bush during his forthcoming visit to India (March 1). Since the US administration too understands our needs, we hope they address it."

    "Indications are some moves are afoot in this direction," Karnik said on the sidelines of the second Sino-India software industry cooperation summit.

    Recalling how the number of H1-B visas for Indian professionals touched a peak of 195,000 annually not long ago, Karnik said the Indian IT industry would be comfortable if the cap was more than doubled from the present level.

    "We are looking at a cap substantially high enough to bridge the demand-supply gap. We want market forces to be the deciding factor as the Indian IT industry is the major user of the H1-B visa," Karnik pointed out.

    The other major issue worrying Nasscom is the social security system or totalization agreement for Indian professionals working in the US under H1-B visa.

    "Even the high fee structure for H1-B visas is concern for us because Indian professionals are made to pay up taxes for social security without any benefit. Since the H1-B visas are only for three-to-six years and social security benefits flow only after 10 years, Indians stand to lose out on them," Karnik lamented.

    To overcome the problem, Nasscom has suggested the US government could refund the tax deducted under the social security system at the end of the work permit on the lines of some European countries.

    "We are not against the deduction per se. Collect the social security tax, but refund the amount when the person leaves for home, as is being done by some Scandanavian countries like Finland and Sweden," Karnik affirmed.

    In fact, Nasscom is in talks with more countries to introduce a similar tax system for the benefit of Indian IT professionals going abroad on work permit visas for onsite work or executing projects over a long period.
    Nasscom also plans to bring to Bush's notice the urgent need to hasten the process of issuing H1-B and L1 visas.

    "We are not against safeguards for L1 visas, but new restrictions should not be adverse. We agree L1 visas should not be misused. But the process should not take too long," Karnik said.

    While H1-B visas allow companies incorporated in the US to employ professionals from overseas, L1 visas is more temporary in nature and is issued for transfer of an employee from overseas to the US.

    In this context, Nasscom hoped the opening up of a US consulate in Hyderabad soon would benefit the Indian IT firms in reducing the time taken to process their visa applications.





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  • va_labor2002
    07-21 10:17 AM
    Starting a Recruiting company for Nurses will be a good idea now. There is a heavy shortage for Nurses in USA. It is easy to bring qualified nurses from India to USA. IV can start a recruiting company with the help of 5000 members.

    If 5000 members contributing atleast $100 to raise the initial capital,we can easily make a Good company with 1/2 million capital asset.Everybody will be share holders of the company and they can get profit every year. We need to employ 2-3 persons for marketing and administration.

    Think about it. You are investing only $100.00 ! Any comments from IV core members ?



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  • ChainReaction
    07-18 11:22 AM
    You mean EAD, not AP, right? AP can be used in conjunction with EAD.

    Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.

    Am I right, friends?





    Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.





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  • apple
    06-12 02:24 AM
    Hi,

    Today I met an attorney(not the one from Insurance..that is WIP still).
    He feels that the main target is Rental agency(with deep pockets) and not the others who were included as defendants.

    His argument is,
    -- I am on H1
    -- Not much of bank balance
    -- No assets
    -- Have a very old 98 model car(not even lexus , BMW etc..)
    -- With a spouse and 2 kids to be taken care of

    So I am poor chap and there is nothing they can extract much out of my pockets other than the 50K which my insurance will pay. He feels it is pretty straight forward case.The only twist to the story is, he is thinking that some of the defendants(rental agencies and others) may file lawsuits against me [I donno what they can extract out of me] as police report/Insurance agency concluded it as my fault (80% - 20%) after the accident..

    In case If I wanted to have my attorney, I need to cough up $275/hr and 5K check upfront and he feels his fee may add upto 10K by the end of all this. So not sure whether just go with insurance agent's attorney for the time being and just wait how it goes, even if the case goes against me as I don't have much bank balance etc I am not sure what they can get out of me..

    Any thoughts??



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  • sunty
    11-06 01:56 PM
    Actually, not all he said was wrong.
    We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.

    My own employer was trying to get as many H1s as possible without having ANY work for them.



    This is also due to the fact that because even they have no work for all the H1B employees, they file for H1Bs in bulk, for they know that they don't have to pay people on bench, even though by law they are supposed to...

    But most importantly we are concerned with visa recapture and GC reform in the long run..If H1B reform is the step towards that goal then that would be good..





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  • sanju
    09-24 12:30 AM
    I did not use to word wrong, so dont try to setup strawman arguments. I used the word unfair. And using the reverse argument that you use. It ain't "right" just become you support it.

    And yes, it is unfair, because it is unfair for all those promised the current system, not because I think it is unfair.

    Well, I could read out for you what you wrote. You wrote that - "I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota."

    Does that ring any bell?

    And, if everybody was promised the current system, then there should never be any change, ever, because whenever you make any change, it will be unfair to the people who are waiting at that time, right? Even the increase in numbers or recapture is unfair because when we applied, we did not know if recapture will happen, right? So why change. There should be absolutely no change because my galactically stupid friend sc3 thinks he was "promised" something. Open your eye, there was no promise made to you or to anybody else, the system has evolved and will continue to evolve while we continue to wait for approval. Its ok if you don't believe in evolution theory, maybe that evolution thing is also "unfair" and "wrong". You see as we all continue to learn, we all continue to improve ourselves and our surroundings from that process of learning, but there are some who do not want to improve anything, inspite of learning. Here you can argue that learning process is at different level/speed for different people. So that would be quite understandable.... you know what I mean



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  • NolaIndian32
    10-08 12:30 PM
    Guys, on a side note, please be aware that while you are residing/employed in the US and you pay and file tax returns for your employment in the US, per US laws/regs you have to pay taxes on your "worldwide income". Now there is a dollor for rupee tax credit, but assets taxed in the two countries differ and their rates differ too. So if you buy property in the India while in the US you may need to declare it or any rental income you may receive from it on your US Tax Returns while you continue to reside/work in the US.

    It is pretty complicated and you will need the services of an International Tax Accountant.

    Disclaimer: I am not an accountant, please do your own research based on the generlaized information in this post.





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  • test101
    07-18 11:02 PM
    I-140 on 6/07 & pending
    I-485 arrived to NSC july-1st @10:10 pm
    status unknown.



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  • jaihind
    09-14 04:21 PM
    I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....





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  • rockstart
    06-11 08:56 AM
    You should be fine this will not affect your GC as long as you appear in court on time. Make sure your lawyer defends the case well.





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  • StuckInTheMuck
    04-30 09:05 AM
    almost 1735 days away from N400.the form looks very long. is there again a long line for it?
    My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (http://www.immigrationpolicy.org/images/File/factcheck/CitizenshipDayFactSheet09-16-08.pdf).

    Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.





    gsc999
    07-13 04:17 AM
    The bad news is.... I can only find the Mandarin link! It was broadcast in English too

    This was set up by another Bay Area organization that primarily has Chinese members. They invited us to speak as well, which was incredibly nice of them.

    http://www.ktsf.com/share/news/today_m1.html :D
    --
    Robert, Fightnow and Matt thanks for arranging the TV interview with KTSF. Iy is good get such support from the Chinese community. Your help is much appreciated.





    vgayalu
    09-14 06:26 PM
    Rather than pushing for Bills which will pass only after we get a GC, why don't we ask for something more practical. I mean ask for minor policy changes rather than asking for major law changes.

    Like,

    1- granting EADs to all who have completed I-140,
    2- reducing the timeframe to apply for AC21 from 6 months to 3 months,

    This will solve a lot of people's immediate problems.
    There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.

    What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.


    Well said Dan19.
    I am barking for the same thing for n number of times.