krishnam70
02-15 12:57 PM
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
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$eeGrEeN
07-13 12:57 PM
https://addons.mozilla.org/en-US/firefox/addon/115
add-on to autorefresh for all those Firefox users out there ....
that's what i have ...
add-on to autorefresh for all those Firefox users out there ....
that's what i have ...
dixie
11-28 05:38 PM
7th year extension was instituted as part of AC21 - which was a major immigration package backed by the tech industry (somewhat like SKIL) including the provision to increase H1-B quota to 195K. Point being unless there is some powerful godfather for such a bill - whether it is big business or the pro-illegal alien lobby , congress is not going to prioritize some piecemeal legislation just to give us relief. Right now the tech industry is pushing hard for SKIL while the illegal alien lobby is pushing hard for CIR. Our best hope is to ride either of these bills .. and I am sure core team is always on the lookout for any other bills that we can possibly hitch on to. Just that its not all that easy to do.
I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...
I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...
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satishku_2000
08-18 12:47 AM
I would advise you to look at RFE very carefully, Sometimes they issue RFE that may read to include more than one kind of proof so you may be able to submit alternative proofs such as affidavits, wedding pictures, wedding invitaion etc. I am just throwing an idea here.
I got a chance to take a look at 140 RFE that was issued recently. The language used was pretty broad for certain kind of proof they were requesting. You may have a chance to submit alternatives.
I got a chance to take a look at 140 RFE that was issued recently. The language used was pretty broad for certain kind of proof they were requesting. You may have a chance to submit alternatives.
more...
vactorboy29
02-19 06:04 PM
Go through forum there are some links ..
yabadaba
06-22 03:36 PM
hes coming for his annual shopping holiday...dont think they really care about us
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gene77
10-19 06:31 PM
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
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Macaca
01-27 09:49 AM
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
more...
minimalist
08-14 03:52 PM
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
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nowhereman
01-31 09:55 AM
Stay in the US
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
more...
guyfromsg
09-18 11:15 PM
I was in DC yesterday and today and it's a life changing experience. It was very well co-ordinated. Thanks to all the people who showed up. Three cheers to nixstor, Arun and the local team who had the difficult tasks of getting permits, co-ordinating with local authorities and everything went according to plan..Since I had lobby meetings in the PM had to leave early. They still had pletny of work to do. Their hard work paid off...
Nicely done :)
Nicely done :)
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apatel_17
07-11 03:27 PM
Hi apatel_17,
my in laws have visited 4 times from past 4 years, i would like to talk to you about my chances/procedures of claiming them as dependants, my email id is vinodkumarn@yahoo.com
please can u email about about how to go about this issue? i have never applied for extensions each time they were here for 6 months.
Hi, I am posting here instead of sending you an email so more people could benefit from this information.
Check if your in-laws pass the substantial presence test - http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html
If they do, your chances of claiming them should be 100% for any year they pass that test for (if they do not have significant income abroad, and are not claimed by anyone else as dependents in the US. There are more details from IRS on this subject, if they have significant income abroad).
You can amend your taxes going back 3 years. So you can get a refund for earlier years as well.
When your in-laws are in the US, get them to apply for an ITIN
http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html
http://www.irs.gov/pub/irs-pdf/fw7.pdf
This is somewhat tricky because IRS only issues this at time of tax filing these days, or if the applicant has US income. Go to your local IRS office if you have to, and open a savings bank account for your in-laws, if you need to (I did not need to, for my parents)
Complete the W7, take your in-laws to the local IRS office (with the passport and visa) and file the application and get a receipt.
Wait 6 weeks to get their ITINs (which I am doing right now with my parents' application)
File an amended tax return for previous years, or file the return for a new year claiming them as "exemptions"
Donate a fraction of your refund to IV ;-)
my in laws have visited 4 times from past 4 years, i would like to talk to you about my chances/procedures of claiming them as dependants, my email id is vinodkumarn@yahoo.com
please can u email about about how to go about this issue? i have never applied for extensions each time they were here for 6 months.
Hi, I am posting here instead of sending you an email so more people could benefit from this information.
Check if your in-laws pass the substantial presence test - http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html
If they do, your chances of claiming them should be 100% for any year they pass that test for (if they do not have significant income abroad, and are not claimed by anyone else as dependents in the US. There are more details from IRS on this subject, if they have significant income abroad).
You can amend your taxes going back 3 years. So you can get a refund for earlier years as well.
When your in-laws are in the US, get them to apply for an ITIN
http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html
http://www.irs.gov/pub/irs-pdf/fw7.pdf
This is somewhat tricky because IRS only issues this at time of tax filing these days, or if the applicant has US income. Go to your local IRS office if you have to, and open a savings bank account for your in-laws, if you need to (I did not need to, for my parents)
Complete the W7, take your in-laws to the local IRS office (with the passport and visa) and file the application and get a receipt.
Wait 6 weeks to get their ITINs (which I am doing right now with my parents' application)
File an amended tax return for previous years, or file the return for a new year claiming them as "exemptions"
Donate a fraction of your refund to IV ;-)
more...
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Ahimsa
01-23 04:17 PM
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.572.IH:
-----
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the `Comprehensive Immigration Reform Commission'.
SEC. 3. PURPOSE.
The Commission will review and evaluate the implementation and impact of United States immigration policy.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General- The Commission shall conduct a comprehensive review of immigration reform policies that affect family reunification, employment-based immigration, the protection of refugees, and the diversity of admissions by country of origin, consistent with the purpose specified in section 3 and shall submit the report required under subsection (b).
(b) Report-
(1) REPORT- Not later than 6 months after the selection of the 2 co-chairpersons and the Executive Director of the Commission, the Commission shall prepare and submit a final report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission to the Congress and the President.
(2) PUBLIC AVAILABILITY- The report submitted under this subsection shall be made available to the public.
------
-----
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the `Comprehensive Immigration Reform Commission'.
SEC. 3. PURPOSE.
The Commission will review and evaluate the implementation and impact of United States immigration policy.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General- The Commission shall conduct a comprehensive review of immigration reform policies that affect family reunification, employment-based immigration, the protection of refugees, and the diversity of admissions by country of origin, consistent with the purpose specified in section 3 and shall submit the report required under subsection (b).
(b) Report-
(1) REPORT- Not later than 6 months after the selection of the 2 co-chairpersons and the Executive Director of the Commission, the Commission shall prepare and submit a final report that contains a detailed statement of the recommendations, findings, and conclusions of the Commission to the Congress and the President.
(2) PUBLIC AVAILABILITY- The report submitted under this subsection shall be made available to the public.
------
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addsf345
11-12 02:09 PM
USCIS is already aware of this. They have been notified through AILA and our letters are also working. IV has also been pushing for more broader AC21 regulations for a few months now.
Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.
Everyone must take initiative and push other members. It is a very importasnt campaign.
It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.
Please take responsibility and everyone must come forward and bring others also into this campaign.
This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????
Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.
Everyone must take initiative and push other members. It is a very importasnt campaign.
It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.
Please take responsibility and everyone must come forward and bring others also into this campaign.
This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????
more...
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Berkeleybee
04-13 11:39 PM
I am inches away from either creating a Therapy sub-forum or asking you lot to take the venting and therapy posts to Immigration Portal.
Please lets keep IV's forums for constructive conversations about our agenda -- breaking news on legislation, upcoming actions, broadening support for our activities.
It really shouldn't be Immigration Portal Version 2 where everything and anything goes.
Please lets keep IV's forums for constructive conversations about our agenda -- breaking news on legislation, upcoming actions, broadening support for our activities.
It really shouldn't be Immigration Portal Version 2 where everything and anything goes.
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RandyK
02-15 10:19 PM
What is EVL ?
more...
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calgirl
09-11 02:41 PM
Why don't you contact some senator! You have been current for so long ..
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
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Almond
05-10 11:20 AM
Same thing happened to mine. USCIS will pick up the packages from the USPS the next day so don't panic. Check for another status update tonight or Monday night, I'm 100% sure it'll say "delivered" then.
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PD_Dec2002
03-19 04:18 PM
The people with Master's in STEM are expempt from the cap.
It will benefit them
Exempt from the H-1B cap; not the EB cap. See line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).
Bummer!
Regards,
Jayant
It will benefit them
Exempt from the H-1B cap; not the EB cap. See line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).
Bummer!
Regards,
Jayant
apnair2002
12-01 07:05 AM
web site http://hammondlawgroup.blogspot.com/
The House and Senate get back to Washington DC on Tuesday, December 5. This will be the final session for the Lame Duck period. Depending on how much progress they are making, the session could last for just a few days or continue for most of the month. Here are a few rumors that we at Hammond Law Group are hearing could happen during the Lame Duck.
1. The AHA and others still are pushing for the SKIL Bill. Some have pegged our chances of getting a Lame Duck SKIL Bill at 50-50.
2. Others tell us that some Congressmen are advocating a 12,000-15,000 visa allotment for Schedule A visas. This would be a band-aid measure designed to get us visas until a CIR-type bill could be passed in spring/summer 2007.
3. Some GOP members do not want any appropriations measures � including the 12,000-15,000 band-aid or a more robust SKIL Bill � attached to any appropriations bill. In other words, they want to pass a Continuing Resolution (CR) and then they just want to go home. The CR effectively extends the funding for the Iraq War into the New Year and then lets the next Congress deal with it.
The House and Senate get back to Washington DC on Tuesday, December 5. This will be the final session for the Lame Duck period. Depending on how much progress they are making, the session could last for just a few days or continue for most of the month. Here are a few rumors that we at Hammond Law Group are hearing could happen during the Lame Duck.
1. The AHA and others still are pushing for the SKIL Bill. Some have pegged our chances of getting a Lame Duck SKIL Bill at 50-50.
2. Others tell us that some Congressmen are advocating a 12,000-15,000 visa allotment for Schedule A visas. This would be a band-aid measure designed to get us visas until a CIR-type bill could be passed in spring/summer 2007.
3. Some GOP members do not want any appropriations measures � including the 12,000-15,000 band-aid or a more robust SKIL Bill � attached to any appropriations bill. In other words, they want to pass a Continuing Resolution (CR) and then they just want to go home. The CR effectively extends the funding for the Iraq War into the New Year and then lets the next Congress deal with it.
letstalklc
03-31 12:34 PM
Done.
Very good letter.
Great job IV Team.
Very good letter.
Great job IV Team.