glus
08-14 07:37 AM
My lawyer is against re-filing. She said we could do it if I wanted it, but she did not support this idea. My package was complete 100%, so I should not worry, that's what she said.
Regards,
Regards,
wallpaper los hijos de Luis Miguel.
xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
sr225
05-15 05:12 PM
would it even help people who did MS in stem from US university but are stuck in eb3 due to bad policies of their companies ?Or is this only for eb2 / eb1?
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
2011 de su papá Luis Miguel,
Berkeleybee
02-10 02:59 PM
All,
We have a head start on Northern CA lawmakers, but we'd like to galvanize the rest of the state.
We have an excel spreadsheet with the district office info of every CA congressperson. We should just start going through that list and meeting at least a lawmaker or two a week in every sub-region.
It would be great if members from Southern CA and Central CA would get involved. Dial-in to the weekly conference call on Thursdays, and find out how we put a lawmaker meeting together, what works and what doesn't, what to take etc.
Also, if you go to the Resources section of the website -- you'll see the new presentation and edited brochure. Check them out and prepare yourself for conversations with legislators and potential members.
Join the crusade people!
Berkeleybee
We have a head start on Northern CA lawmakers, but we'd like to galvanize the rest of the state.
We have an excel spreadsheet with the district office info of every CA congressperson. We should just start going through that list and meeting at least a lawmaker or two a week in every sub-region.
It would be great if members from Southern CA and Central CA would get involved. Dial-in to the weekly conference call on Thursdays, and find out how we put a lawmaker meeting together, what works and what doesn't, what to take etc.
Also, if you go to the Resources section of the website -- you'll see the new presentation and edited brochure. Check them out and prepare yourself for conversations with legislators and potential members.
Join the crusade people!
Berkeleybee
more...
chumki
12-17 07:13 PM
Changing jobs after 180 days of I-1485 pending/ I-140 approved.
Simple question:
1. Should I file AC-21 Memo with USCIS or not?
2. What are the risks of filing AC-21?
Note: I am working on EAD in Texas and my Labor was at IL but similar job.
3. Does Ac-21 always trigger a RFE and/or Interview?
4. What are the advantages of filing AC-21?
Please advise.
Simple question:
1. Should I file AC-21 Memo with USCIS or not?
2. What are the risks of filing AC-21?
Note: I am working on EAD in Texas and my Labor was at IL but similar job.
3. Does Ac-21 always trigger a RFE and/or Interview?
4. What are the advantages of filing AC-21?
Please advise.
spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
more...
Libra
01-15 11:00 AM
bump
2010 El propio Luis Miguel ha sido
gc_on_demand
05-19 10:16 AM
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
more...
rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
hair ¿Araceli tiene hijos con Luis
makemygc
08-10 12:15 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
more...
satishku_2000
05-22 04:06 PM
DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!
If thats the case then I think at least some people are safe ...:)
If thats the case then I think at least some people are safe ...:)
hot Aunque Luis Miguel no se ha
jnayar2006
04-01 06:40 PM
sent 10 n 11
more...
house Luis Miguel González as
saimrathi
09-21 01:20 PM
No offense to anyone.. but that was funny...
I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA
I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA
tattoo Luis Miguel
sparky_jones
10-02 01:03 PM
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
more...
pictures con Luis Miguel la tienen
delax
08-06 01:02 PM
^^
dresses como hija de Luis Miguel
sats123
06-19 09:51 PM
Here is another part of story.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
more...
makeup Luis Miguel pasó unos
kondur_007
06-10 04:22 PM
Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Agree with that as well...that may impact PD determination (and it MAY), but the fact is:
EB2 and EB3 India people with PD after 2005 (just an arbitary year) will not get GC unless there is spill over....it will be 20 yrs without spill over....
girlfriend Luis Miguel quiere pasar
ronhira
07-07 12:45 AM
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
"In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
~ Alexis de Tocqueville
"In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own."
~ Alexis de Tocqueville
hairstyles Luis Miguel nación en San Juan
abhijitp
08-15 05:47 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
jthomas
07-19 11:19 PM
Start looking for another job. Get back to H1B and get your wife back on H4. there is nothing as important as personal life.
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast