nozerd
01-04 11:16 AM
Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
wallpaper de amor y de sombra.
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
helloh1
01-26 04:34 PM
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
2011 de amor y de sombra. Edison99
amslonewolf
04-17 07:06 PM
I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..
more...
RDB
08-20 03:45 PM
EB3-I.
EAD Card production ordered as of 8/19.
E-filed: 7/11
Receipts: 7/18.
No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!
EAD Card production ordered as of 8/19.
E-filed: 7/11
Receipts: 7/18.
No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!
apnair2002
04-01 10:20 PM
Sent faxes
more...
ashkam
03-27 11:32 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
2010 De amor y de Sombra mp3
nefrateedi
08-22 10:54 AM
No, he is a good person he can do that
Reason he is member of IV
He cannot post it because he cannot view it, as he is not a member of AILA. He stated it in his post.
Reason he is member of IV
He cannot post it because he cannot view it, as he is not a member of AILA. He stated it in his post.
more...
Jaime
09-06 03:02 PM
We who are stuck in the long waits, it's time for us to rise to the ocassion, attend the rally and untsick ourselves from this, if no one else does it. Only we can free ourselves and get what is only fair! The right to contribute with our skills!
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nozerd
01-04 10:45 AM
In India religious minorities have the rights to their own personal laws. I believe the Muslim personal law allows Muslims in India to have more than 1 wife.
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
more...
lazycis
02-28 12:29 PM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
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140jibjab
05-13 04:27 PM
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
Since I have valid H1 can I do something,
more...
house De Amor Y De Sombra / Of Love
logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
tattoo De Amor y de sombra
Sakthisagar
07-29 03:01 PM
Actually the Formula is like this.
search for More Legal Voters who is in favour= no one..
Is there any way? Yes We can
What?
Yes We can.
Give Amnesty= 12 Million voters.
so in America.
Immigration="ILLEGALS" only, they dont care for Legals
Legal=no votes, if at all only after 5 years from now.
Legal= no political voice, can be manipulated whichever way Politicians want.
to be Learned Story.
NEVER EVER BELIEVE POLITICIANs IN LIFE, You Can believe a Criminal he might be Truthful but these Poltricksians. nope nope nope.
search for More Legal Voters who is in favour= no one..
Is there any way? Yes We can
What?
Yes We can.
Give Amnesty= 12 Million voters.
so in America.
Immigration="ILLEGALS" only, they dont care for Legals
Legal=no votes, if at all only after 5 years from now.
Legal= no political voice, can be manipulated whichever way Politicians want.
to be Learned Story.
NEVER EVER BELIEVE POLITICIANs IN LIFE, You Can believe a Criminal he might be Truthful but these Poltricksians. nope nope nope.
more...
pictures de amor y de sombra.
paskal
08-31 04:20 PM
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
i don't claim to know the answer here.
2. His wife CAN work, as article mentions that he applied for GC in 2004
If he is EB3 india, that may have been true till very recently
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
the article quotes the Kauffman Foundation report. Please read it. There are about 1 million applicants waiting at various stages
4. If the company is bought - one doesn't generally reapply for GC.
maybe generally true, we don't know it's untrue for him though.
Even little lies don't serve a good cause as this article can be easily discredited.
i don't see any "lies" in this article. sound fine to me.
1. His salary CAN be raised.
i don't claim to know the answer here.
2. His wife CAN work, as article mentions that he applied for GC in 2004
If he is EB3 india, that may have been true till very recently
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
the article quotes the Kauffman Foundation report. Please read it. There are about 1 million applicants waiting at various stages
4. If the company is bought - one doesn't generally reapply for GC.
maybe generally true, we don't know it's untrue for him though.
Even little lies don't serve a good cause as this article can be easily discredited.
i don't see any "lies" in this article. sound fine to me.
dresses amor. de amor y de sombra.
nixstor
06-19 07:46 PM
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
I doubt there is some thing like range fixed for lawyers. They can charge what ever they want. Asking those Q's will only cause more resentment than any thing else.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
I doubt there is some thing like range fixed for lawyers. They can charge what ever they want. Asking those Q's will only cause more resentment than any thing else.
more...
makeup De amor y de sombra (Spanish
snathan
08-18 04:41 PM
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
girlfriend de amor. de amor y de sombra.
yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
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waitingnwaiting
05-12 12:17 PM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
nonimmi
05-22 03:00 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?