desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
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mhb
07-06 07:17 PM
Is it the synopsis or the total video?looks like the synopsis and the newscaster says the complete interview will be broadcast tommorrow
gapala
04-16 02:42 PM
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years .
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
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smuggymba
05-12 10:09 AM
We as a community have not even done 5 % of the hard work that DREAM act advocates have done. So such provisions are well deserved by them for the hard work they have done. If we had done enough work for our provisions, there is no doubt our provisions would have seen the day. You need to do some search on all the DREAM act advocates have done in the last few years to reach where they are now. And then compare it our community effort and you will get the answers.
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
Only 200 ppl contributed and now 20 new memebers from July 2007 show up everyday in the prediction thread wanting to be current.
I believe there is a mini-advocacy in July - do we need to contribute for that. Any other details?
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
Only 200 ppl contributed and now 20 new memebers from July 2007 show up everyday in the prediction thread wanting to be current.
I believe there is a mini-advocacy in July - do we need to contribute for that. Any other details?
more...
sushilup
11-10 12:47 PM
Ram_C,
I am also July23 filer. Transfer TSC - CSC Finally NSC.
Today, I got FP for my wife for Dec-01 (Saturday:confused:).
Hoping, mine will also come soon.
One more thing...we called USCIS on 23rd Oct separately. They didn't open SR. My IO or Cust Rep said wait [more time-no timeline] and u will get ur FP notice. On the other hand my wife's IO or Cust. Rep said you get in two weeks. Now I see that her FP was issued on 5th Nov (2 weeks timeline).
JUST WANTED SHARE
goood luck all
as far as I know USCIS haven't published any FP related time lines.
hope everyone will receive FP notice soon
good luck :)
I am also July23 filer. Transfer TSC - CSC Finally NSC.
Today, I got FP for my wife for Dec-01 (Saturday:confused:).
Hoping, mine will also come soon.
One more thing...we called USCIS on 23rd Oct separately. They didn't open SR. My IO or Cust Rep said wait [more time-no timeline] and u will get ur FP notice. On the other hand my wife's IO or Cust. Rep said you get in two weeks. Now I see that her FP was issued on 5th Nov (2 weeks timeline).
JUST WANTED SHARE
goood luck all
as far as I know USCIS haven't published any FP related time lines.
hope everyone will receive FP notice soon
good luck :)
Michael chertoff
01-26 08:02 PM
We all migrated for one reason or other. Don't add salt to an open wound.
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
Agreed
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
Agreed
more...
smmakani
03-26 04:37 PM
I have already sheduled a meeting on April 6with one of congressman in minneapolis to whom you also contacted to seek appointment. Lets go together. Please send me PM.
Thanks,
Shakil
Thanks,
Shakil
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guyfromsg
09-09 09:25 PM
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
Yes, it's for 17th.. check your PM..
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
Yes, it's for 17th.. check your PM..
more...
gsc999
10-12 11:08 AM
Hello GSC999 ( I forgot your real name :-) ) .
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
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nshah1968
04-03 09:45 AM
Send fax # 10 and # 11.
Thanks for all great work.
Thanks for all great work.
more...
yabadaba
05-22 02:58 PM
also when u go into the uscis office...learn some spanish
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
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JA1HIND
01-27 09:54 PM
Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
more...
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willigetgc?
07-09 12:45 PM
Recently saw few of our members receiving green cards..... Congratulations to all of you.
I hope that you will continue to come to the IV site, and help us folks still stuck in the process.
In the meanwhile, please do share the reality that is still a dream to many of us...
I hope that you will continue to come to the IV site, and help us folks still stuck in the process.
In the meanwhile, please do share the reality that is still a dream to many of us...
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ItIsNotFunny
07-06 11:58 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
22 diggs already. 500 diggs will make it a top story!
Hey man! I am the 100th digger. Still a long way to go. Keep digging :)
22 diggs already. 500 diggs will make it a top story!
Hey man! I am the 100th digger. Still a long way to go. Keep digging :)
more...
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Libra
01-12 03:34 PM
please send letters and vote here.
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Canadian_Dream
12-20 01:24 PM
This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
more...
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regacct
04-23 07:45 AM
I doubt this law will cause any trouble. For analogy, there are laws around carrying current insurance papers. Once I didnt have my current insurance, since every six months new ones get mailed and I forgot to keep them in the car. I showed the police officer my previous expired insurance and mentioned that the insurance-id is the same. He accepted it and asked me to carry the current copy in future.
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
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skd
07-09 12:17 PM
CNN had a 30 second clip on it on "American Morning" on July 3rd.
any video clip on that
any video clip on that
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apt7
05-29 05:36 PM
So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
venkygct
09-04 12:43 AM
- Folks who decided to join the rally from CA, please vote here.
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
Sheila Danzig
02-25 09:07 PM
Thank you - that is good to hear.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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