desi485
02-13 03:10 PM
Hello:
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
AFAIK, once you work on EAD, you can not be back on H1B. Please check this with your lawyer.
However what I do not know, and what my lawyer also could not answer till this point is, if after travelling abroad using AP, can one transfer same H1 to a new employer? I know it is possible to continue working on H1 with the same employer. But what if one need H1 transfer?
I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.
Regards,
AFAIK, once you work on EAD, you can not be back on H1B. Please check this with your lawyer.
However what I do not know, and what my lawyer also could not answer till this point is, if after travelling abroad using AP, can one transfer same H1 to a new employer? I know it is possible to continue working on H1 with the same employer. But what if one need H1 transfer?
wallpaper kevin bacon
whitecollarslave
03-10 05:09 PM
One of the IV members has requested me to post this info.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
Thanks for posting this. Can you post the original inquiry? Hopefully it will encourage others to send similar inquiries to their Congressperson.
Do you know if these are 485 or 140 applications? Would be nice to know these numbers by PD and how it compares to pending applications for ROW.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
Thanks for posting this. Can you post the original inquiry? Hopefully it will encourage others to send similar inquiries to their Congressperson.
Do you know if these are 485 or 140 applications? Would be nice to know these numbers by PD and how it compares to pending applications for ROW.
americandesi
09-12 01:30 PM
Your attoney should be able to defend your case based on you salary more than PW.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.
It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.
2011 Kevin Bacon I presume
abracadabra
06-12 03:15 PM
Atleast 5-6 years if lucky it will come to PD 2004. I am happy they are other folks like crying everyday with the choice we made, keep cribbing guys
more...
anzerraja
07-19 05:10 PM
Zoom, thanks for the initiative. Just wanted to make sure if there are any legality issues behind core accessing the IV funds for administrative costs. Because once we donate it to IV funds(unless there is a provision for them to access that money as reimbursement administrative cost) it may not serve the intended purpose.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
WE ARE WAITING FOR THE RESPONSE FROM CORE TEAM ABOUT THIS IMPORTANT ISSUE.
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
gc28262
04-27 10:02 AM
http://www.moneycontrol.com/mccode/news/article/news_article.php?autono=394887&special=mkt_topnews
more...
NKR
03-13 10:36 AM
One step closer.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
I might be wrong, but I think EB2 India came only uptil April 2004.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
I might be wrong, but I think EB2 India came only uptil April 2004.
2010 Degrees of Kevin Bacon.
logiclife
02-01 01:04 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
more...
GCplease
07-11 02:20 PM
Guys,
When you go for this rally, it is better to have proof of your legal stay here like copy of your visa in passport or copy of your I-797.
When you go for this rally, it is better to have proof of your legal stay here like copy of your visa in passport or copy of your I-797.
hair Kevin Bacon#39;s Death Sentence
chanduv23
09-24 10:01 AM
Sanju - u rock. U get in threads with controversial topics and nail those folks. Keep up the good work.
more...
indianindian2006
12-09 10:21 AM
Can somebody please explain what does LUD stand for ? Thanks in advance.
lud--last updated date
lud--last updated date
hot kevin bacon versus darren
wikipedia_fan
03-31 11:34 AM
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
It is hard to believe that someone can suddenly change policy internally and not talk about it. In my case the officer id who issued denial is different from the officer id who issued NOID.
UNITEDNATIONS - for some reason, I think you are trying to spread unnecessary fear with your conspiracy theories. Agreed that USCIS is going tough on consulting companies and that stuff, but "internal policy change" seems to be more of a conspiracy.
training issue is when they send straght denial after 140 is revoked.
It is hard to believe that someone can suddenly change policy internally and not talk about it. In my case the officer id who issued denial is different from the officer id who issued NOID.
UNITEDNATIONS - for some reason, I think you are trying to spread unnecessary fear with your conspiracy theories. Agreed that USCIS is going tough on consulting companies and that stuff, but "internal policy change" seems to be more of a conspiracy.
more...
house This particular Kevin Bacon
jahnavi
04-18 01:22 PM
I Have done my part of contribution .
tattoo Kevin Bacon all over the place
validIV
07-17 12:00 PM
I'm not quite getting the second last point of the bill:
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
more...
pictures actor Kevin Bacon
jkays94
06-08 07:52 PM
You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
dresses Tags: celebrities, Kevin Bacon
paskal
12-13 10:01 PM
I am not able to start and feel that there is already hidden membership is there. Is there any thuth in this feeling? How does IV is working in terms of access rights?
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
anyone can start a thread, if you need help doing it, you may wish to ask politely and someone will tell you.
why so? ask yourself. read your own comments. and let us all know how you have helped the process of ending YOUR retrogression.
i have reviewed every post you ever put on iv. i don't see any deleted post.
so you may want to think again. hardly anything is deleted around here. otherwise a lot of intemperate stuff that's posted would disappear.
ultimately it comes to this: if 25,000 members show no interest in contributing in a fund drive (barring the minuscule 500 who did), what's the point in being "friendly". hey- iv is you and me. there is nothing else. no building, assets, stocks. I or aman or pappu or logiclife and every other core member and iv leader are just like you. we have jobs and families to take care of. we are afflicted by immigration retrogression- like you.
we have put in time, money and effort at great cost to our personal lives. i wish i could "like you" to that one too.
if "members" are willing to make this their organization their own- if there is to be this sense of involvement and ownership, then we will succeed. if not, if the attitude for the most is going to be "why should i" and "nope i am not contributing" and "how dare you ask" and "i have free speech" and "why doesn't iv do xyz for me" and "why should logiclife use this and that tenor" and "why did abc say def to me" and "i demand respect" and the best "these are my 2c but don't ask me to lift a finger to do this- iv should do this" then forget it. won't happen. because that IV you are imagining doing wonders and making miracles is YOU.
let me take this opportunity to thank everyone that participated in the fund drive, joined state chapters, met lawmakers, took initiatives to start state groups, ran the funding threads and contributed in any other way.
you are guys are true assets to iv- in fact you are the true iv. kudos to you!
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
anyone can start a thread, if you need help doing it, you may wish to ask politely and someone will tell you.
why so? ask yourself. read your own comments. and let us all know how you have helped the process of ending YOUR retrogression.
i have reviewed every post you ever put on iv. i don't see any deleted post.
so you may want to think again. hardly anything is deleted around here. otherwise a lot of intemperate stuff that's posted would disappear.
ultimately it comes to this: if 25,000 members show no interest in contributing in a fund drive (barring the minuscule 500 who did), what's the point in being "friendly". hey- iv is you and me. there is nothing else. no building, assets, stocks. I or aman or pappu or logiclife and every other core member and iv leader are just like you. we have jobs and families to take care of. we are afflicted by immigration retrogression- like you.
we have put in time, money and effort at great cost to our personal lives. i wish i could "like you" to that one too.
if "members" are willing to make this their organization their own- if there is to be this sense of involvement and ownership, then we will succeed. if not, if the attitude for the most is going to be "why should i" and "nope i am not contributing" and "how dare you ask" and "i have free speech" and "why doesn't iv do xyz for me" and "why should logiclife use this and that tenor" and "why did abc say def to me" and "i demand respect" and the best "these are my 2c but don't ask me to lift a finger to do this- iv should do this" then forget it. won't happen. because that IV you are imagining doing wonders and making miracles is YOU.
let me take this opportunity to thank everyone that participated in the fund drive, joined state chapters, met lawmakers, took initiatives to start state groups, ran the funding threads and contributed in any other way.
you are guys are true assets to iv- in fact you are the true iv. kudos to you!
more...
makeup #39;Kevin Bacon.#39; #39;Sounds good.
misanthrope
10-04 04:49 PM
Not a single post to counter kumar1's argument!!! I wonder where the interfiling opponent MS/PHDs are gone!:confused:
Are you wasted?
Here is my reply to Kumar1's post.
http://immigrationvoice.org/forum/showpost.php?p=295568&postcount=26
Also, I raised a few question related to deductions from simple statements. NO ONE has replied yet.
Are you wasted?
Here is my reply to Kumar1's post.
http://immigrationvoice.org/forum/showpost.php?p=295568&postcount=26
Also, I raised a few question related to deductions from simple statements. NO ONE has replied yet.
girlfriend Is Kevin Bacon Playing
kevinkris
06-24 08:46 PM
Hi All,
I want to share my exp. regarding visitor insurance for my parents.
we took ICICILombard in india itself. My father has to see the doctor for
a small procedure done on this toe. He developed because of injury as he is diabetic.
And after reading so many negative reviews i was afraid whether i will get my 1200$ claim accepted or not. As i thought diabetes is a pre-existing condition.
And we also mentioned it in the insurance policy when we took.
But surprisingly we got the claim approved by ICICI Lombard last week and we got all the money (minus 100$ deductible).
So it's better to have some kind of insurance (to be on safe side) if you think the patriot and KV Rao are expensive.
Good luck.
Kris
I want to share my exp. regarding visitor insurance for my parents.
we took ICICILombard in india itself. My father has to see the doctor for
a small procedure done on this toe. He developed because of injury as he is diabetic.
And after reading so many negative reviews i was afraid whether i will get my 1200$ claim accepted or not. As i thought diabetes is a pre-existing condition.
And we also mentioned it in the insurance policy when we took.
But surprisingly we got the claim approved by ICICI Lombard last week and we got all the money (minus 100$ deductible).
So it's better to have some kind of insurance (to be on safe side) if you think the patriot and KV Rao are expensive.
Good luck.
Kris
hairstyles This acon thing
transmogrify
06-09 12:43 PM
the chavPod!
ntbook
07-12 11:47 AM
Rumors seem to be getting stronger by the hour. And all the info is coming from lawyers who are usually conservative in releasing such information.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled.
Don't get your hopes up... just wait and watch. Never worry about anything that's not in your control! That's the way to living nirvana...
The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled.
StuckInTheMuck
04-27 11:02 PM
Why should speeding tickets matter?
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
0 comments:
Post a Comment