needhelp!
02-15 02:42 PM
~We're At 2444 Now ~
wallpaper The Sound of Missing you
gapala
03-20 09:50 PM
There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
Macaca
09-17 04:04 PM
If you have
not changed your mind
Check your pulse.
You may be dead
Gelett Burgess
not changed your mind
Check your pulse.
You may be dead
Gelett Burgess
2011 missing you pics.
braindrain
06-02 03:50 PM
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
more...
cjain
07-21 07:16 AM
apply poltical pressure first. contact logfren
Thank you ksircar for your strong support. You are absolutely right and you have logically laid out the reason for the case well.
Now it is time for gathering more support and momentum for the case so that we could do something.
I am ready to contribute. So please others jump in and show your support.
Thank you ksircar for your strong support. You are absolutely right and you have logically laid out the reason for the case well.
Now it is time for gathering more support and momentum for the case so that we could do something.
I am ready to contribute. So please others jump in and show your support.
vandanaverdia
09-21 06:27 PM
I wanted to attend but I have pretty much exhausted all my vacation. 2 more days will be pushing it.
Also, the flight schedules to fly from Portland Oregon to D.C is so ridiculous that it takes a whole day away in flying.
Will definetely attend a rally in the east coast, or better yet will help organize one.
Hey zerocomplexity & jay75:
We flew from Seattle on friday mrng at 5:30 am. Had a 5 hours lay over at LA. We wanted to be present & it was worth all the pains....
And also must mention, there were 60+ people from CA too...
Also, the flight schedules to fly from Portland Oregon to D.C is so ridiculous that it takes a whole day away in flying.
Will definetely attend a rally in the east coast, or better yet will help organize one.
Hey zerocomplexity & jay75:
We flew from Seattle on friday mrng at 5:30 am. Had a 5 hours lay over at LA. We wanted to be present & it was worth all the pains....
And also must mention, there were 60+ people from CA too...
more...
needhelp!
03-05 12:05 PM
Try this link to see USCIS response:
http://download206.mediafire.com/xwcsdggj4yjg/blrmnntd10w/FOIA_USCISResponse.pdf (http://www.mediafire.com/?blrmnntd10w)
(http://docs.google.com/gb?export=download&id=F.1f34f696-3d7f-4896-9224-e4b5ce4e92f8)
http://download206.mediafire.com/xwcsdggj4yjg/blrmnntd10w/FOIA_USCISResponse.pdf (http://www.mediafire.com/?blrmnntd10w)
(http://docs.google.com/gb?export=download&id=F.1f34f696-3d7f-4896-9224-e4b5ce4e92f8)
2010 I Missing You Wallpaper,
GotGC??
04-09 05:28 PM
With your credentials, you'll have no problem landing a job. Our best wishes & prayers are with you.
Please check your PM & e-mail.
Financial applications - FI research. BTech Comp Sc IITBombay'96 9 years exp. Currently a part time NYU Masters student in Maths
Please check your PM & e-mail.
Financial applications - FI research. BTech Comp Sc IITBombay'96 9 years exp. Currently a part time NYU Masters student in Maths
more...
pappu
04-28 11:43 AM
Thanks dba9ioracle.
thank you for your paymentPayment by PayPal
Total amount: $100.00 USD
Receipt ID: 70C41707463138256
We are working on the technical issue so that you can post on the forums with your id
thank you for your paymentPayment by PayPal
Total amount: $100.00 USD
Receipt ID: 70C41707463138256
We are working on the technical issue so that you can post on the forums with your id
hair In the morning I Miss You,
GCBy3000
11-08 10:39 AM
SInce democrats gained the contorl on house, they will wait till the next congress starts to pass releif to immigration issue. THis way, they can take the credit for it and campaign it for their next election. Republicans are stuck now. They neither want to pass it nor want it to supress. They dont want the democrats to gain the credit whatsoever. If republicans cannot pass it this year they will do everything to stop it in next congress session if they have majority in senate. It is vey comlicated and sensitive issue and we have to wait to see how the business people push the lawmakers. None other then business tycoons can make some impact with this kind of power split in senate / congress with a lame duck president for next two years.
I heard Nancy say she would get started with some legislation that both parties and president agrees and she mentioned CIR. I think, if the republicans are smart they will quickly pass a version of it that they still can control - during the lame duck session when the old house returns for a few days.
But the biggest new problem will be suedo retrogression due to bottlenecks at Service centers! so near yet so far!
I heard Nancy say she would get started with some legislation that both parties and president agrees and she mentioned CIR. I think, if the republicans are smart they will quickly pass a version of it that they still can control - during the lame duck session when the old house returns for a few days.
But the biggest new problem will be suedo retrogression due to bottlenecks at Service centers! so near yet so far!
more...
rag_1970
06-24 01:59 PM
Hi ! My H1B with current employer is valid till March 2010. I got a new job offer and employer is willing to transfer my H1B. I have submitted all the documents.
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
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days_go_by
03-08 04:58 PM
of course, a different visa type, discrimination built into the law.
more...
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jjava100
05-17 05:21 PM
Sent email.
Your e-mail message was sent to:
Senator Jeff Merkley (D-OR)
Senator Ron Wyden (D-OR)
Representative Kurt Schrader (D-OR 5th)
Your message has been sent.
Thank you!
Your e-mail message was sent to:
Senator Jeff Merkley (D-OR)
Senator Ron Wyden (D-OR)
Representative Kurt Schrader (D-OR 5th)
Your message has been sent.
Thank you!
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mshelat
05-21 01:48 PM
It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
This is really interesting. Legal immigrants - their rights and well-being hinges on political points over which legal immigrants have no influence. Very interesting and disappointing at the same time.
You tried your best Totoro. Thanks for all the efforts you have been making and have made so far.
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
This is really interesting. Legal immigrants - their rights and well-being hinges on political points over which legal immigrants have no influence. Very interesting and disappointing at the same time.
You tried your best Totoro. Thanks for all the efforts you have been making and have made so far.
more...
pictures I Miss You eCard
vdlrao
09-20 10:36 PM
Hi all,
First I thank IV core team for making the D.C rally a big success.
Here are few of my thouts.
1)To get more chinese and other foreign nationals involved in our team we better to put active chinese and other nationals in IV core team (Its just my idea and if you think its not a good one please ignore it.)
2) Yes we better do a second rally but at thesame time we better to educate them first by giving adevrtisements and things like that.
First I thank IV core team for making the D.C rally a big success.
Here are few of my thouts.
1)To get more chinese and other foreign nationals involved in our team we better to put active chinese and other nationals in IV core team (Its just my idea and if you think its not a good one please ignore it.)
2) Yes we better do a second rally but at thesame time we better to educate them first by giving adevrtisements and things like that.
dresses Miss You
delhiguy79
07-23 03:23 PM
Latest FAQ from uscis says we can file I-485 without I-140 recipt notice
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
more...
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MeraNoAayega
06-10 03:43 PM
I am going to hold my breath for 24 hours. DOS suckers can change the dates on the web site anytime. Last month, Mumbai consulate did similar fiasco.
dos will not change dates once published.... they already learn their lesson from july 07...:p
dos will not change dates once published.... they already learn their lesson from july 07...:p
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raju123
02-13 11:59 AM
It looks very funny after reading anands23's post. IV leaders are volunteers. They are not highly paid CEO and directors of IV Inc. !!
Come on Mr. anand come and join IV leadership and change the immigration law. For God sack, don't post this kind of immature posts.
I think this guy is from numbers usa for sure. After writing all the BS, he asks it to take it in constructive way. There are lots of other way to express your concern if it had to taken in constructive way. This is definitely not the way.
Based on your comments I could see that you are a regular visitor (FREE RIDER ATTITUDE) to IV site for more than a year. We had several threads crying out for funds in very critical time senstive times. At those times you are a mere spectator and now just for posting this bashing post you reluctantly became a anonymous member. All these shows your LEADERSHIP skills and quality of leading the battle from FRONT. If I were in USCIS I would do a background check on these high qualities and ground breaking positive attitudes even before giving H1.
Come on Mr. anand come and join IV leadership and change the immigration law. For God sack, don't post this kind of immature posts.
I think this guy is from numbers usa for sure. After writing all the BS, he asks it to take it in constructive way. There are lots of other way to express your concern if it had to taken in constructive way. This is definitely not the way.
Based on your comments I could see that you are a regular visitor (FREE RIDER ATTITUDE) to IV site for more than a year. We had several threads crying out for funds in very critical time senstive times. At those times you are a mere spectator and now just for posting this bashing post you reluctantly became a anonymous member. All these shows your LEADERSHIP skills and quality of leading the battle from FRONT. If I were in USCIS I would do a background check on these high qualities and ground breaking positive attitudes even before giving H1.
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godspeed
02-01 10:42 PM
Giving suggestion, since i went thru similar situation,i.e moved to a diff state.
We moved to Florida from California last week. Did AR-11 yesterday. We are about to file AP, our I-485 is pending at NSC but Florida comes under TSC.
File AR-11 first, after you see the LUD's(should not take more than 5 businesss days), which means ur new address is acknowledged by USCIS sytem , apply for AP
So not sure where to send our application.
Send to your current residence Service center, i.e. TSC
Intending to send following supporting documents.
1. 2 PP Size photos
2. EAD copy as we switched from H1B to EAD
3. I-485 receipts.
Should we include any additional docs like Copy of your previously issued AP or passport copy (1st ,2nd page and last 2 pages) or Last expired I-94 copy.
4.Old approved AP copies, if any.
Any advise would be of great help.
I did paper filing, it took about 3 weeks to get approved.Hope this helps
Thanks
Raj
We moved to Florida from California last week. Did AR-11 yesterday. We are about to file AP, our I-485 is pending at NSC but Florida comes under TSC.
File AR-11 first, after you see the LUD's(should not take more than 5 businesss days), which means ur new address is acknowledged by USCIS sytem , apply for AP
So not sure where to send our application.
Send to your current residence Service center, i.e. TSC
Intending to send following supporting documents.
1. 2 PP Size photos
2. EAD copy as we switched from H1B to EAD
3. I-485 receipts.
Should we include any additional docs like Copy of your previously issued AP or passport copy (1st ,2nd page and last 2 pages) or Last expired I-94 copy.
4.Old approved AP copies, if any.
Any advise would be of great help.
I did paper filing, it took about 3 weeks to get approved.Hope this helps
Thanks
Raj
chanduv23
09-25 12:21 PM
Guys who got NOID/Denied 485, quick question.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
Well - depends on how you perceive it. A few days of anxiety is better than working with same salary/same job for years? Most of my friends are scared to use AC21. They are just shit scared, they do not want ANYTHING to happen to their Green Card - they did not join IV because they are scared that something will happen to their GC petition.
Knowledge is power, ignorance is bliss. I used AC21 because I was with desi employer - though our relationships were good, as the client filed for chapter 11, my desi employer who has a poor accounting system figured out that there were a lot of invoices unpaid which he never bothered to follow up and lost a lot of money and rubbed everything on me. So it was a good time for me to get out of such mess as I already finished 180 days after filing 485 and as such I had been doing my own marketing, negotiating my own billing rate, and always billable so I utilized this opportunity to get into a more stable job which is decent paying.
I talked to various lawyers and was aware that AC21 has some risks involved but everything can be sorted out. I weighed options, though I could stay with the company, I moved on.
So it is your choice.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
Well - depends on how you perceive it. A few days of anxiety is better than working with same salary/same job for years? Most of my friends are scared to use AC21. They are just shit scared, they do not want ANYTHING to happen to their Green Card - they did not join IV because they are scared that something will happen to their GC petition.
Knowledge is power, ignorance is bliss. I used AC21 because I was with desi employer - though our relationships were good, as the client filed for chapter 11, my desi employer who has a poor accounting system figured out that there were a lot of invoices unpaid which he never bothered to follow up and lost a lot of money and rubbed everything on me. So it was a good time for me to get out of such mess as I already finished 180 days after filing 485 and as such I had been doing my own marketing, negotiating my own billing rate, and always billable so I utilized this opportunity to get into a more stable job which is decent paying.
I talked to various lawyers and was aware that AC21 has some risks involved but everything can be sorted out. I weighed options, though I could stay with the company, I moved on.
So it is your choice.
coopheal
03-13 05:09 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
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