Thursday, June 16, 2011

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  • raj2007
    03-07 02:50 PM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,

    Your vendor is desi guy?
    I have never seen vendor informing the employer.
    You are ok even if he cancels ur H1.





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  • Map of the Guadalupe River



  • kondur_007
    04-10 03:44 PM
    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.





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  • Guadalupe River photo by Rich



  • pappu
    06-10 03:50 PM
    OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America



    It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)

    and send the message out.


    Please post this link on other forums and mail to friends asking them to join this action item.

    Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions





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  • GCwaitforever
    12-26 04:24 PM
    Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.

    As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.



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  • logiclife
    03-09 12:09 AM
    Many thanks Abha for your contributions.

    Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.

    Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.

    Here is more: http://immigrationvoice.org/forum/showthread.php?t=305

    --Jay.





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  • GCStatus
    09-18 12:01 AM
    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults

    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.



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  • Guadalupe River State Park



  • logiclife
    03-09 12:09 AM
    Many thanks Abha for your contributions.

    Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.

    Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.

    Here is more: http://immigrationvoice.org/forum/showthread.php?t=305

    --Jay.





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  • GUADALUPE RIVER STATE PARK



  • zram1977
    06-08 06:08 PM
    Welcome to the club, China! :D
    What is the status of unused Eb1 /Eb2 visas of ROW?
    Will it spill over or be wasted?
    GOK



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  • Downtown Gruene, TX



  • bheemi
    07-02 07:32 PM
    WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

    Ask funds for some other work but not for lawsuit..





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  • jayleno
    07-28 06:24 PM
    Please let me know how to close this thread?

    Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:

    "why..what is wrong with the thread?"...I wonder what is wrong with this thread.



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  • Guadalupe River Retreat



  • the_jaguar
    11-08 04:46 PM
    Central Jersey here..





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  • go_gc_way
    12-30 04:52 PM
    /\/\/\/\/\/\/\\/\/\\/\/\/\\/\\\\\\/\\/\/\/\



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  • map_boiler
    07-05 12:26 PM
    I just contributed my first $100.00. Go IV!





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  • ramus
    07-02 10:40 PM
    every single amont matters... Thank you for your contribution and please ask others to contribute and help us moving this thread..


    Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.



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  • makemygc
    07-16 06:07 PM
    This is utter nonsense!!!

    Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!

    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..





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  • WaldenPond
    02-19 07:45 AM
    Hello retrohatao,

    Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.

    You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.

    Hello willgetgc2005 wam4wam & stirGC,

    I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.

    Regards,
    -WP



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  • Macaca
    01-31 04:52 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.

    Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.

    I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.

    It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.

    There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.





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  • eb3_nepa
    07-01 09:40 PM
    At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.

    IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.


    What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?





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  • SunnySurya
    07-28 12:12 PM
    By the way Mr. Chantu,
    Read this http://www.iht.com/articles/2005/11/08/news/blogs.php





    rockstart
    03-14 11:34 AM
    EAD renewal delays will be on of the single issue on which I would defer AC-21 till I can find some one willing for an H1 transfer.





    EB3_SEP04
    06-11 12:49 PM
    I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.



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