ajthakur
07-15 02:39 PM
I am truthful to IV members. I dont understand the reason for such a statement. Also there is nothing fishy here. Stop being a detective please. I dont feel comfortable sharing the reasons why I quit my employer in August. That something private. That shouldnt imply there is anything fishy.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
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pappu
01-16 06:14 PM
Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.
Thanks. could you try yahoo, google and msn groups on immigration too.
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
Thanks. could you try yahoo, google and msn groups on immigration too.
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
pitha
10-20 12:24 AM
nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
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soumeeram
03-09 12:14 PM
Eb2-i : 15-feb-04
eb3-i: 01-nov-01
eb3-i: 01-nov-01
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ThinkTwice
09-20 12:09 AM
I agree with sunny1000, We definetly should consider it
We retain the name Immigration Voice but we add a slogan to it
for xample in a news report it would appear some thing like this -
"" IMMIGRATION VOICE- An organisation of Legal Immigrants, was directly responsible for driving the congress to increase the greencard numbers to 300,000, exclude the family members from the quota and reduce the FBI check times to no more than one month, after such huge success and having achieved their ultimate goal IMMIGRATION VOICE - An organisation of Legal Immigrants has decided to fight for world peace.""
Good point...
Just my 25 cents...;)
We retain the name Immigration Voice but we add a slogan to it
for xample in a news report it would appear some thing like this -
"" IMMIGRATION VOICE- An organisation of Legal Immigrants, was directly responsible for driving the congress to increase the greencard numbers to 300,000, exclude the family members from the quota and reduce the FBI check times to no more than one month, after such huge success and having achieved their ultimate goal IMMIGRATION VOICE - An organisation of Legal Immigrants has decided to fight for world peace.""
Good point...
Just my 25 cents...;)
yabadaba
02-21 03:19 PM
singhsa...all number and predictions get thrown out of the window when it comes to indians. we find the most innovative ways of jumping ahead in line.
i remember a few months back I had checked on and there were approximately 200 people with an earlier priority date than mine 09/2005. now there are 700.
I agree the BEC freed up many people but a bulk of these cases are priority dates porting and labor substitution.
so you can download and analyze the labor certfications from flcdatacenter (or look at my earliest posts..when u search posts by user) but the fact of the matter is that there is no predictability to the queue because we specialize in jumping ahead
i remember a few months back I had checked on and there were approximately 200 people with an earlier priority date than mine 09/2005. now there are 700.
I agree the BEC freed up many people but a bulk of these cases are priority dates porting and labor substitution.
so you can download and analyze the labor certfications from flcdatacenter (or look at my earliest posts..when u search posts by user) but the fact of the matter is that there is no predictability to the queue because we specialize in jumping ahead
more...
jthomas
10-16 05:41 PM
I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
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pcs
11-13 09:08 AM
Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
more...
gcformeornot
03-16 12:52 PM
think IV membership should be vetted. Only way to stop fools like these.
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godspeed
06-10 04:18 PM
...
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jayZinDC
05-28 03:41 PM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
Hope this helps...
Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef
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PERM12
08-11 11:42 AM
All,
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
more...
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vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
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amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
more...
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gc_on_demand
02-11 01:15 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
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kshitijnt
03-10 05:22 PM
Well PDs have to move forward. Else USCIS will have to approve EADs and APs for 2 years thus reducing their revenue. Cant see how USCIS will manage its budget given that they are funded by immigrants unless they want to move their personnel to ICE to deport people.
But once most of the immigrants are deported, I wonder what will these guy do :-d
But once most of the immigrants are deported, I wonder what will these guy do :-d
more...
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mp70
01-18 10:12 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
MP70
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gauravster
05-26 05:40 PM
This border patrol authority applies 100 miles from International border. Guess what, most of US population is in that region, all of NJ, MA, most of CA, etc etc as all are within 100 miles from the border (including the sea border, which marks international maritime border). Though not normally done, Border Patrol can set up checkpoints anywhere in this region. I remember reading in depth of this ridiculous rule sometime back.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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boreal
10-26 01:51 AM
I have to post here to get attention though I know this is not the thread ..I don't know why people are not talking about this ..there is a possibility that there may be a lame duck session for second stimulus bill ..maybe we can push for small recapture bill ..please comment and let us get IV core's attention..I can access IV only during evenings and morning ...so someone please think about this and push for this
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
Googler
02-22 11:43 PM
All this discussion about revealing sources and gaining fame is really funny from my pov.
AILA liaison reports routinely name this official, news reports also routinely name this official. He has also testified before Congress and those transcripts are freely available to those who look. If you have not heard his name before and do not know he is the one who sets cutoff dates, it is only because you haven't been paying attention in class...:)
Also in this case it was Ron Gotcher reporting on the AILA So Cal Liaison meeting who revealed his name in the first place.
I should also add that I have no special connection with this or any other official (sigh -- wouldn't I have my greencard already if I did). I've done my share of research since I got stuck in retrogression in Oct 2005, and have exercised my rights as a stakeholder in the immigration process to pick up the phone and ask questions where ever I can. Knowing the sections of the INA, the contents of the Ombudsmans Reports, CRS reports etc. tends to make people very responsive.
As for the reason for me sharing this information -- which after all I could have just sat on for myself -- was because I would want the same -- if someone found out something that potentially was going to affect my greencard I would want to know. I want to know every possible shred of information.
Of course maybe that is what I should do the next time. Just sit tight.:D
AILA liaison reports routinely name this official, news reports also routinely name this official. He has also testified before Congress and those transcripts are freely available to those who look. If you have not heard his name before and do not know he is the one who sets cutoff dates, it is only because you haven't been paying attention in class...:)
Also in this case it was Ron Gotcher reporting on the AILA So Cal Liaison meeting who revealed his name in the first place.
I should also add that I have no special connection with this or any other official (sigh -- wouldn't I have my greencard already if I did). I've done my share of research since I got stuck in retrogression in Oct 2005, and have exercised my rights as a stakeholder in the immigration process to pick up the phone and ask questions where ever I can. Knowing the sections of the INA, the contents of the Ombudsmans Reports, CRS reports etc. tends to make people very responsive.
As for the reason for me sharing this information -- which after all I could have just sat on for myself -- was because I would want the same -- if someone found out something that potentially was going to affect my greencard I would want to know. I want to know every possible shred of information.
Of course maybe that is what I should do the next time. Just sit tight.:D
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