senthil1
05-16 06:55 PM
Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
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dealsnet
01-07 05:16 PM
All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
mbawa2574
03-25 11:18 PM
www.ushomeauction.com
U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.
U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.
2011 The company#39;s stock price was
mirage
01-07 01:38 PM
Refugee,
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
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Refugee_New
01-07 09:28 AM
Hey Refugee_New, why the hell you gave me red ("what other site - refugee!").
Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.
GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.
Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.
GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.
gjoe
07-14 06:56 AM
The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.
To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.
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sanju
04-08 09:07 AM
of course not....
The provision defeats the purpose of whole whistle blower clause...
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
The provision defeats the purpose of whole whistle blower clause...
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
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senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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validIV
06-26 10:32 AM
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
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xyzgc
12-20 03:44 PM
I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.
But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.
I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.
Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.
Agree with parts of it.
Disagree strongly with your statement
But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.
Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
Only Some muslim moderates sound very sincere in condemning it.
You need to do some reading before making some statements.
On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.
Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.
But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.
I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.
Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.
Agree with parts of it.
Disagree strongly with your statement
But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.
Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
Only Some muslim moderates sound very sincere in condemning it.
You need to do some reading before making some statements.
On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.
Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.
more...
gsc999
04-06 11:32 PM
Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.
Thanks for highlighting. Lets take appropriate action.
Thanks for highlighting. Lets take appropriate action.
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gcwait2007
06-26 11:31 PM
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Hello Hiralalji,
Excellent post. Salute to you!
Thank you once again
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Hello Hiralalji,
Excellent post. Salute to you!
Thank you once again
more...
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mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
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GCNaseeb
08-02 07:34 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
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unitednations
07-17 12:37 PM
My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?
A decent number of people were in this situation during those two years.
uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.
A decent number of people were in this situation during those two years.
uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.
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skd
12-29 03:10 PM
I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
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Rolling_Flood
07-14 08:24 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
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truthinspector
01-07 06:55 PM
HAMAS fired 20 rockets into Israel as soon as the 3-hr humanitarian truce was over .
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
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unitednations
08-14 09:17 PM
To United Nation
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
I don't see much of a problem because it was less then 180 days.
Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).
I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.
I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
I don't see much of a problem because it was less then 180 days.
Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).
I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.
I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.
shuyaib
12-23 04:19 PM
It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!
alterego
07-14 01:12 PM
Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
"Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
"Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
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