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Macaca
11-07 01:17 PM
There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
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.
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gsc999
11-13 02:26 PM
- First, it is highly unlikely that Hastert will ever, ever support CIR. That itself is a "red flag" from a post by "Red card."
- Actions speak louder than words. If Murtha becomes the majority leader in house than Democrat agenda for 2008 presidential agenda will be Iraq not immigration. That doesn't mean no immigration reform, just not in the "lame-duck" session.
- Lets wait for next year for any progress on immigration.
- Actions speak louder than words. If Murtha becomes the majority leader in house than Democrat agenda for 2008 presidential agenda will be Iraq not immigration. That doesn't mean no immigration reform, just not in the "lame-duck" session.
- Lets wait for next year for any progress on immigration.
vdlrao
04-19 11:07 AM
Hi hur11
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!
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abhijitrajan
07-14 09:49 PM
I just put forth my thoughts. Statements should be put under quotes only when quoted verbatim. Of course you follow your own judgement. Good luck and thanks for your effort against this character.
Abhijit, Thank you for your suggestions. If you watch the Utube video, Rep Tancredo clearly said that H1-B visa holders overstay their visas. As far as the "glass house" goes I can't change the petition even if it has one signature. I wrote this to create maximum impact and we can only hope that it does.
Below is link to the Lou Dobbs' episode.
http://www.youtube.com/watch?v=fi_c9ep9uKI
Abhijit, Thank you for your suggestions. If you watch the Utube video, Rep Tancredo clearly said that H1-B visa holders overstay their visas. As far as the "glass house" goes I can't change the petition even if it has one signature. I wrote this to create maximum impact and we can only hope that it does.
Below is link to the Lou Dobbs' episode.
http://www.youtube.com/watch?v=fi_c9ep9uKI
more...
vadicherla
05-08 11:50 PM
I had soft Lud on my application last week and i received Finger Prints for my wife but not for me.
laborchic
06-05 09:18 PM
Come on folks. This is the time to be active.
Dont give up now....lets try and help ourselves...
Dont give up now....lets try and help ourselves...
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caliguy
09-16 08:41 PM
seekerofpeace - I hope they have not lost my file. I have not been able to get a concrete answer so far as to what is happening with my file.
My attorney had filed 140s for in EB2/EB3 and I hope they have not taken my app and classified it as EB3. We sent the EB2 I-140 with the AOS app so I dont think that would happen but stranger things have happened with USCIS.
Response that I got from the local senator and from what I read in the other thread you created, I think visa numbers are over for 2009 fiscal year. We will now have to wait until October. I dont mind waiting until October, but I want to use the next 15 days doing whatever I can, so atleast in October, I have some chance of getting approved.
Good luck to you, hope everyone who is waiting gets the good news soon.
My attorney had filed 140s for in EB2/EB3 and I hope they have not taken my app and classified it as EB3. We sent the EB2 I-140 with the AOS app so I dont think that would happen but stranger things have happened with USCIS.
Response that I got from the local senator and from what I read in the other thread you created, I think visa numbers are over for 2009 fiscal year. We will now have to wait until October. I dont mind waiting until October, but I want to use the next 15 days doing whatever I can, so atleast in October, I have some chance of getting approved.
Good luck to you, hope everyone who is waiting gets the good news soon.
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SGP
04-03 05:42 PM
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
more...
pointlesswait
05-23 04:25 PM
dude..i not not looking for a character certificate from anyone here!
when someone can leave me a foul message why shouln't I..!
to avoid abuse of the system..let the dot givers identity be known to all!
i just raised the question...i am not doubting the intention of IV!
true...its the attitude...why is eveyonne taking it personally! (singhsa3)
It not just matter of Idea but it is the matter of attitude. It is one thing to generate thought provoking ideas and other thing to say things like
"So to avoid sounding stupid and foolish and desperate when you call".
By the way "pointless" is one of the those people who have been leaving comments like "chuteya" when giving red dots.
How do I know that ? a regular member may not be able to view this information but certainly moderators can.
So the intentions and very credibility of this person ("pointless") is in question!
when someone can leave me a foul message why shouln't I..!
to avoid abuse of the system..let the dot givers identity be known to all!
i just raised the question...i am not doubting the intention of IV!
true...its the attitude...why is eveyonne taking it personally! (singhsa3)
It not just matter of Idea but it is the matter of attitude. It is one thing to generate thought provoking ideas and other thing to say things like
"So to avoid sounding stupid and foolish and desperate when you call".
By the way "pointless" is one of the those people who have been leaving comments like "chuteya" when giving red dots.
How do I know that ? a regular member may not be able to view this information but certainly moderators can.
So the intentions and very credibility of this person ("pointless") is in question!
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when
07-18 04:05 PM
:-|
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PlainSpeak
04-20 05:38 PM
'm glad you didn't mention 2006. :D
While i am like everyone else in the fact that i want my GC i am not a selfish/greedy person (Like some of the members here on IV) who wants their GC at the expense of someone else
EB3 dates 2 years behind EB2 dates sounds resonable and if that ratio is kept then it will be beneficial to everyone. Not the way it is now.
What i want to see happen is that EB3 move to Aug 2004 dates while EB2 is at Aug 2006 keeping a 2 year difference between them, and maintaining the samne ratio moving forward
That was my wish but i had no hope til now but with the recent comments about Very High Upgrades cases by CIS that wish could most probably come true ...
While i am like everyone else in the fact that i want my GC i am not a selfish/greedy person (Like some of the members here on IV) who wants their GC at the expense of someone else
EB3 dates 2 years behind EB2 dates sounds resonable and if that ratio is kept then it will be beneficial to everyone. Not the way it is now.
What i want to see happen is that EB3 move to Aug 2004 dates while EB2 is at Aug 2006 keeping a 2 year difference between them, and maintaining the samne ratio moving forward
That was my wish but i had no hope til now but with the recent comments about Very High Upgrades cases by CIS that wish could most probably come true ...
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GKBest
09-29 12:37 PM
Hi Guru's
A strange thing happened today....Need your help ...
I have an H1 transfer pending with Nebraska Service Centre....
My earlier H1 which was approved 1 year ago has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on September 28, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I don't get this...I have the following questions
1> This H1 petition was approved 1 year ago...I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval ??
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now ?
3> What about my H1-transfer which is pending ??
I am going nuts....anyone in this situation
I've noticed that USCIS has been committing some errors in updating their records. I suspect there is a virus in their system. Let your lawyer handle this. USCIS corrects their mistakes once they see proof.
A strange thing happened today....Need your help ...
I have an H1 transfer pending with Nebraska Service Centre....
My earlier H1 which was approved 1 year ago has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on September 28, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I don't get this...I have the following questions
1> This H1 petition was approved 1 year ago...I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval ??
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now ?
3> What about my H1-transfer which is pending ??
I am going nuts....anyone in this situation
I've noticed that USCIS has been committing some errors in updating their records. I suspect there is a virus in their system. Let your lawyer handle this. USCIS corrects their mistakes once they see proof.
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eb3_nepa
02-05 04:43 PM
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
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drirshad
05-02 05:21 AM
http://hammondlawgroup.blogspot.com/
Six key Congressmen and Senators
Washington and NYC, Tuesday, May 01, 2007
HLG will be traveling to Washington DC for a meeting Wednesday with a Senator�s lead staffer on immigration. The Senator is one of the six people who we have regularly mentioned as key on this issue.
The meeting was set-up by one of our best clients. The purpose of the meeting is to impress upon the Senator's staffer the importance of a �bridge� bill to end immediately Schedule retrogression. This is the fifth different HLG staffing company/facility client who has successfully set-up such a meeting in the last six weeks.
We are guardedly optimistic that a bridge bill can be passed in the near term, in spite of Congressional leaders� apprehension. As we have previously mentioned there is an inverse relationship between the likelihood of a bridge bill and CIR. To some degree this is understandable � Congresses overall goal is to pass a major immigration bill that solves many needs, not just healthcare�s desires.
After the Washington DC trip, we head to New York City for our Annual Symposium. We currently have full registration for this event. We look forward to seeing everyone. We�ll try and post over the next few days, although that may be impossible in light of the travel plans. In the meantime, if anyone has any connection with the �Big Six,� please try and set up an appointment. HLG will surely attend and advocate.
Here are the six key Congressmen and Senators:
Sen. Harry Reid (D-NV)
Sen. Edward Kennedy (D- MA)
Sen. Dick Durbin (D-IL)
Sen. Chuck Schumer (D-NY)
Rep. Nancy Pelosi (D-CA)
Rep. Zoe Lofgren (D-CA)
Six key Congressmen and Senators
Washington and NYC, Tuesday, May 01, 2007
HLG will be traveling to Washington DC for a meeting Wednesday with a Senator�s lead staffer on immigration. The Senator is one of the six people who we have regularly mentioned as key on this issue.
The meeting was set-up by one of our best clients. The purpose of the meeting is to impress upon the Senator's staffer the importance of a �bridge� bill to end immediately Schedule retrogression. This is the fifth different HLG staffing company/facility client who has successfully set-up such a meeting in the last six weeks.
We are guardedly optimistic that a bridge bill can be passed in the near term, in spite of Congressional leaders� apprehension. As we have previously mentioned there is an inverse relationship between the likelihood of a bridge bill and CIR. To some degree this is understandable � Congresses overall goal is to pass a major immigration bill that solves many needs, not just healthcare�s desires.
After the Washington DC trip, we head to New York City for our Annual Symposium. We currently have full registration for this event. We look forward to seeing everyone. We�ll try and post over the next few days, although that may be impossible in light of the travel plans. In the meantime, if anyone has any connection with the �Big Six,� please try and set up an appointment. HLG will surely attend and advocate.
Here are the six key Congressmen and Senators:
Sen. Harry Reid (D-NV)
Sen. Edward Kennedy (D- MA)
Sen. Dick Durbin (D-IL)
Sen. Chuck Schumer (D-NY)
Rep. Nancy Pelosi (D-CA)
Rep. Zoe Lofgren (D-CA)
more...
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gsc999
07-11 02:21 AM
Im also trying to send it to google,yahoo and juniper... members please step in.
Is anyone in charge of media coverage?
--
Yes, we do have members working on the media contacts. You will see more traction from tomorrow morning.
Is anyone in charge of media coverage?
--
Yes, we do have members working on the media contacts. You will see more traction from tomorrow morning.
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raj1998
04-21 02:36 PM
Sent you a PM. please check :p.
well, you are funny and good at intimidating people and invoking them in the way you want :D
lets use the energy in positive way
well, you are funny and good at intimidating people and invoking them in the way you want :D
lets use the energy in positive way
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walking_dude
04-27 10:03 PM
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
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vikki76
10-28 07:12 PM
NSC.
Let me send u a pm to get text of that letter too.
Let me send u a pm to get text of that letter too.
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absaarkhan
10-09 02:15 PM
Hi Mirchiseth,
Thanks for sharing the Info on your Case.
This is Indeed a very good news.
So far we have 2 Successful Cases wherein H1B Transfer was done
Successfully after Candidate Entered US on Advance Parole.
Hi All
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
Thanks for sharing the Info on your Case.
This is Indeed a very good news.
So far we have 2 Successful Cases wherein H1B Transfer was done
Successfully after Candidate Entered US on Advance Parole.
Hi All
I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.
I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.
We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.
So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.
nashim
08-11 12:41 PM
done,
dec 04
dec 04
bluekayal
05-20 12:55 PM
Could anyone recommend medical insurance for parents over 80?
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