desi3933
06-27 02:00 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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dontcareanymore
07-08 04:53 PM
vivek - I have come across this company. It is a desi consulting company. The "Reqruiter" name seems to be a "nickname". ........................................... ............................ ................. ......................
Looks like desi companies are trying to seek a new identity so that they do not fall under the radar
Chandu, I guess they would rather (prefer to) be under the radar instead of on the radar :) :D
My feeble attempt at humor :)
Looks like desi companies are trying to seek a new identity so that they do not fall under the radar
Chandu, I guess they would rather (prefer to) be under the radar instead of on the radar :) :D
My feeble attempt at humor :)
WaldenPond
06-28 08:34 PM
Hello gg_ny,
USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.
WaldenPond
USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.
WaldenPond
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Lasantha
02-05 12:01 PM
OK, I found this google groups post I did soon after completing my landing. This describes in detail my landing experience. Hope this helps.
http://groups.google.com/group/misc.immigration.canada/browse_thread/thread/a6c189aee5c03666/c8d7e48833f61b6a?hl=en&lnk=gst&q=lasanthar#c8d7e48833f61b6a
http://groups.google.com/group/misc.immigration.canada/browse_thread/thread/a6c189aee5c03666/c8d7e48833f61b6a?hl=en&lnk=gst&q=lasanthar#c8d7e48833f61b6a
more...
simple1
05-01 01:32 AM
thanks akred for refering INA. I went through it now
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
Macaca
07-08 11:42 AM
All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
more...
deardar
07-03 03:31 PM
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
more...
SleeplessinSeatle
08-02 10:26 AM
My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,
hair Indian God Radha Krishna
reddymjm
06-08 06:07 PM
My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.
more...
centaur
07-09 07:12 PM
She is great. I just spent 15 minutes talking with her. She has all her questions written in front of her and she seems really serious about pursuing this story.
Every one should call her at 2023346701, name is Xiyun
I spoke to this journalist for almost 20 minutes
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
Every one should call her at 2023346701, name is Xiyun
I spoke to this journalist for almost 20 minutes
She is awesome and really really listens to you and gets a lot of information to you
THIS IS A LIVE PERSON
She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
Call her and she picks up the call.
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Abhinaym
11-17 03:23 PM
Not to nitpick, but "inside of the US" sounds odd. It is simpler to say "in the US".
more...
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rajbgp2002
05-02 02:31 PM
http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm
SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers
SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).
The legislation has four main provisions supported by technology companies:
-- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.
-- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.
-- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.
-- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.
"America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.
About the SIA
The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.
SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers
SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).
The legislation has four main provisions supported by technology companies:
-- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.
-- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.
-- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.
-- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.
"America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.
About the SIA
The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.
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mqualique
05-01 02:14 PM
Applying EB PD but using Visa number from FB Quota would be a awesome. Not sure what complications this may cause on the FB side. This seems like a visa-leak (like memory leak) scenario from FB. This will put GC Holders dependents at a disadvantaged position as compared to us who don't have GC yet because EB PD will always be ahead to FB PD due to 'Visa-Leak'.
more...
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tikka
05-23 08:50 AM
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
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kg318
04-25 12:57 PM
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
more...
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technoboy
08-24 10:16 PM
EB3/India/PD OCT-2003
I-140 TSC Pending LUD 08/05/2007
I-485 NSC Filled on July 11 07
RN ???
EAD ???
AP ???
FP ???
I-140 TSC Pending LUD 08/05/2007
I-485 NSC Filled on July 11 07
RN ???
EAD ???
AP ???
FP ???
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sushilup
09-03 07:53 AM
I saw CPO status for my EAD status (WIFE'S Status still pending)
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
My receipt date was 7th July
Also, I485 pending at NSC...WAC receipt
Filed EAD at TSC b/c I live in PA....
PD - Feb 05, EB-2
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delhiguy79
07-25 02:56 PM
but if we take rental, dont they ask why u brought rental?
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.
mbsac
10-10 08:28 PM
No Luck yet !!!
vban2007
06-01 04:41 PM
Sent email... Thanks again
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