siravi
08-24 10:24 AM
Listen Live: http://www.wpr.org/webcasting/live.cfm
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
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Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
eb3_nepa
04-17 05:04 PM
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
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breddy2000
09-18 07:43 AM
I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
more...
adiboss007
06-07 10:52 PM
http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx
xela
06-10 12:51 PM
It s been a while since i have said anything here, and mostly because it seems this has become a "everyones racist against indians" and everyone else isnt important kind of talk.
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
more...
jonty_11
01-15 12:07 PM
Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
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cal_dood
12-10 04:17 PM
Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
more...
immigrationvoice1
12-08 01:25 PM
BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.
Thanks in advance.
Thanks in advance.
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mammoy2k
11-13 08:04 AM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
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diptam
08-13 10:56 AM
Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
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div_bell_2003
02-18 08:20 PM
Great piece of info, dude ! :)
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
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anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
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r2i2009
09-21 09:47 PM
Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
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bach007
11-27 01:35 PM
Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????
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eb3India
09-25 04:40 PM
it's creative idea thou ;), and there is no harm in trying
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
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TheCanadian
11-26 02:17 AM
If he was really smart he would've put up this inconspicuous yet artistically perfect image. Can you notice the subtle differences?
http://img20.imageshack.us/img20/6350/pickme.gif
Oh yeah, and I'm impressed you knew the term dimpled chad and managed to work it into a sentence somewhere.
http://img20.imageshack.us/img20/6350/pickme.gif
Oh yeah, and I'm impressed you knew the term dimpled chad and managed to work it into a sentence somewhere.
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DDLMODES
07-09 10:01 PM
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.
Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.
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amitga
11-15 03:48 PM
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
gc03
12-08 08:23 AM
Faxed and Forwarded to friends to do same
I will call NOW
I will call NOW
mmk123
09-13 11:40 AM
There is NO Eb1/Eb2/Eb3 divide for our cause... the issue is unfair country based quota for highly skilled immigrants. I have many friends who are rotting in EB3 even though they qualify for EB2 (due to company policies).. one of Ivy League PhD graduates I know is rotting in EB2 (C).. so these are thin lines..
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
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