nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
wallpaper Young friends: Not long before
PDOCT05
08-28 09:54 AM
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
I have counted my self from diff forums and seen around 10+ cases who got their RN's.
I have counted my self from diff forums and seen around 10+ cases who got their RN's.
MeraNaamJoker
08-21 11:02 AM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
Buddy,
This is an ultimate test from above on our patience.
I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.
After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....
So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.
2011 Starring: Mel Gibson, Elijah
Macaca
07-08 09:49 PM
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
more...
arihant
06-11 05:34 PM
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
WAC/EAC/LIN.. NO TSC as far as I know.
South Region Center
ArkBird
04-21 06:50 PM
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
more...
ghost
09-23 02:07 PM
It's very selfish of rsharma....shameful!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
2010 Happy Mel Gibson, young
gcpool
10-03 09:29 AM
PD 2002 Sept EB2
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
more...
smbaps
08-01 04:32 PM
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
if I-140 is approved at Texas.
Has anyone have any idea?
hair with Mel Gibson as anyone,
ksurjan
08-11 10:07 AM
Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.
more...
PDOCT05
10-03 02:31 PM
I just called USCIS and IO said they just started entering data to the applications for july 2nd and 3rd filers..we can expect some thing in next 10 days...:):p
hot Mel Gibson is apparently no
rpulipati
09-27 01:57 PM
Well that was my guess. Thanks for insight.
rpulipati,
It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.
rpulipati,
It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.
more...
house actor Mel Gibson
browncow
07-09 01:39 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
tattoo actor Mel Gibson attends
simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
more...
pictures Mel Gibson (Pic:Getty)
Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
dresses Young Mel Gibson
franklin
06-07 10:44 AM
AFAIK all 485 filings have to be sent to NSC. Also, does one need to attach the original I-140 approval with I-485 or a copy of it will suffice?
Yes - all I485 apps got to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing basedon a pending or an approved Form I-140.
Yes - all I485 apps got to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing basedon a pending or an approved Form I-140.
more...
makeup Mel Gibson
somegchuh
05-05 05:39 PM
I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
girlfriend Spoof: Mel Gibson appears in a
mantagon
02-11 07:46 AM
...by donating $100! Now, its your turn...
GO IV!!
Your transaction ID for this payment is: 4F56879074281235X.
GO IV!!
Your transaction ID for this payment is: 4F56879074281235X.
hairstyles Mel Gibson
chanduv23
04-20 01:58 PM
Can we assume there are no issues?
asdcrajnet
07-02 09:52 AM
Same here..But I am little lucky.My PD is May 2003.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
I sent the documents by June 8th,
On June 25th I wrote them a sentimental email saying that I have not been to my home country in the last 4 years and would love to see my parents in ailing(Sorry Dad!!) december atleast. I mentioned them that getting h1B stamping is really a pain and would like to have EAD/AP by then. So its better to get in the queue before the July 1st rush
Luckily they sent my package on June 26th. Hope it had reached the USCIS on time and mine is accepted.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
devmaha
02-18 03:27 PM
--------------------------------------------------------------------------------
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
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