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  • desi3933
    07-19 05:09 PM
    Q : Must an H-1B alien be working at all times?

    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.
    Check this.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
    It is not so easy.
    Please refer to these posts from UnitedNations on this :
    http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
    and
    http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.


    ______________________
    Not a legal advice.





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  • eb3retro
    10-19 02:52 PM
    EAD or Advance Parole?

    E-filed on July 17th (NSC)
    Received Card mailed e-mail today (Oct 19th)





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  • aspiration
    06-13 10:40 AM
    As of now there are more than 10000 views for this thread. If we just take that each of us might have visited this thread 20 times.because this thread is just a day old. .That would still take us to 500 odd unique visitors...

    and if you look the survey..JUST 150 Calls so far for all the campaigns.

    Why there is a disconnect here/??? because we postpone and don't do our part...We just love to come and see the update or what is going on with HOUSE OR SENATE....but don't like to contribute to the proces...PLEASE PLEASE>>> IT IS FOR U, ME AND HUM>>>> DO IT>

    If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and

    JUST DO IT>>>>





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  • mhtanim
    11-19 12:46 PM
    Finally I too received my FP notices, however I am scheduled to attend ASC in my attorney's location, I called customer service and now I need to wait till ASC finds an open spot to schedule FP at my location.

    What else can you expect from USCIS ??? :rolleyes:

    I am sorry to hear that USCIS has messed up your FP appointment.

    When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?



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  • jungalee43
    02-13 07:03 PM
    I have also observed all my H1Bs that expired 4 years and two years ago, have got soft LUDs after I used AC21.
    In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
    Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
    Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
    So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.





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  • x1050us
    07-19 01:29 PM
    I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
    You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.

    I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
    Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.



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  • amit79
    04-10 11:47 AM
    I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.

    People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.

    I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.

    Don't get offended. You need to see the other angles too. I showed you one.

    Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.

    One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?

    So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.





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  • paskal
    08-31 05:18 PM
    no jaime, there are excuses:

    i did not get a receipt, without that how can i think of GC?

    i filed 485. now why should i care?

    (top two!)

    my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?

    there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.

    apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:



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  • LostInGCProcess
    10-29 02:28 PM
    If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.

    You must be dumb. Did you read the whole sentence and if you cannot comprehend what I am trying to say, you must be incapable of understanding it. I said in TODAYS WORLD. The world is changing very fast. GC process takes 10 years now.
    I am sure whatever technology you are working on, there are 100 more people capable of filling that position as of now. So, even your so called skilled position can be filled within few days. USCIS interprets even today, what the conditions were at the time of filing. Not what the current job/wage or labor market conditions are.





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  • logiclife
    08-20 04:25 PM
    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.


    The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
    The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.

    I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.

    IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
    At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.

    Having your own lawyer means:

    1. You pay him, you employ him, he is accountable to you, not your employer.

    2. He/she works in your interest, not the employer's interest.

    3. If your employer is not co-operating, you will know right away.

    4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.

    5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.

    The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money. Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.



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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC





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  • gc_on_demand
    06-12 10:00 AM
    The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.

    So the most important thing is to participate in the phone campaign esp the one targeting CHC members.

    I think bottom line is MAKE CALL ASAP . MORE YOU CALL MORE CHANCES WE HAVE..



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  • h1techSlave
    11-30 05:35 PM
    I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?

    Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.

    I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !





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  • GC_Applicant
    10-31 02:54 PM
    Can you please let me know if you applied for AP online and what supporting documents you had mailed.

    Applied for EAD on Aug 30th, Receipt notice was on Sep 3rd and Got email yesterday saying card production ordered. Nebraska Service center.

    Now waiting for AP to be approved. Applied on Aug 30th. Receipt notice on 3rd Sep, LUD on 10th Sep.. Texas service center. Thinking it should not be long.



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  • gc_check
    11-03 10:44 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    Accessing IV forums after a long time... posting to this thread, though not predecting on VB's... May be the data that were made available through USCIS Home Page (http://www.uscis.gov) (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf) already gave some hint on how the PD's are going to be in the monthly VB's and most people understand the number and are not predicting any good movement and not posting any on threads like this. Only the luckly EB2-I folks, who are getting a good chunk of the numbers for now thorugh spill over etc want to predict.. but again, too many questions there too... if quartely spillover or will happen in FY last quarter or something else... or .... The VB's / PD's etc.. nothing is going to make any difference and ease the pain of pending EB AOS applicants, unless there is change in law that would provide something to alleviate the EB backlog... When it is going to happen.. any time from now and at the least we can hope will happen before the end of Obama's Presedency like we hoped CIR would have happened before Bush left office :mad:





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  • gcformeornot
    08-10 10:55 AM
    If you had the opportunity of getting a Substitute labor and potentially get your GC sooner rather than later, wouldn't you grab it with both hands. It is the GC Freedom.

    I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o

    not in same boat as you and me buddy. They are in a boat ahead of me and you....



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  • pd_recapturing
    03-22 09:48 AM
    BharatPremi, I PMed you. Check my message.





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  • belmontboy
    03-26 04:28 PM
    my experience with california DMV - renewed via mail. Paid 28$, got a new plastic card which is valid for next 5 years.





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  • inthehole
    06-19 04:27 PM
    Can you please send me a copy?. I will really appreciate it.





    nogreen4decade
    07-16 07:24 PM
    1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.

    2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.

    3. Item 1 above applies here.

    Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
    Sorry, you are an IDIOT!





    unitednations
    03-11 04:48 PM
    No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..

    yeah; sure.



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