satish_hello
08-28 10:57 PM
any Update?
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unitednations
08-25 03:31 AM
Hello, one of my friend had recently filed for H1B and needs guidance
Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.
His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.
What are the immediate steps he needs to take to maintain his status in the country.
Any guidance will be highly appreciated.
Thanks,
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.
His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.
What are the immediate steps he needs to take to maintain his status in the country.
Any guidance will be highly appreciated.
Thanks,
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
girishvar
11-21 07:51 AM
I pray for you and your family. Please go and meet your US Senator from your state. They might be able to sponsor a private bill for your wife. Dont loose hope and fight. God will help you.
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garika
07-19 10:57 PM
$100 from me too
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ganguteli
03-06 04:21 PM
If you are saying that you want a temporary fix then I am sure a lot of people who are in the initial stages or are on just H1 will not support you. Do not say that it will indirectly help them because line in front will be reduced. They want more greencard numbers and no wait times.
You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.
You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.
amitjoey
07-11 12:20 PM
Flower campaign has been a tremendous success. Look at how many inquiries we are getting. If you are in the particular city or state, where a reporter is trying to do a story, please come forward and contact these reporters.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
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reedandbamboo
10-04 08:13 PM
Hello all,
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
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needhelp!
02-11 06:58 PM
You can paypal to donations@immigrationvoice.org
Or use online payment from your bank login.
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
Or use online payment from your bank login.
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
more...
gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
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Navkcl
10-01 10:18 AM
Except EAD checks, cashed all other checks on 9/20/2007(FP,485, AP and I have the receipt numbers). Does any body have similar issue...?
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
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GumI485
07-03 08:37 AM
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
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chmur
07-26 01:05 PM
If I am not wrong, it is more to do with a rule interpretation change by USCIS.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
more...
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Jelena
07-07 10:46 PM
My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
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bheemi
06-21 09:18 AM
I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.
Further request to IV core team to work on some thing different for relief for skilled workers
Further request to IV core team to work on some thing different for relief for skilled workers
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VMH_GC
07-09 04:32 PM
Thanks gcForV,
Am ready to send emails to major newspaper organisations and show hosts.
This website has links of most of the talk show hosts. Right click on the individual email links to get address.
http://www.conservativeusa.org/megalink.htm
Subject: Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Dear ****,
I would like to get to your attention the peaceful campaign of Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez
Please find below/attached the article related to this.
Thanks,
******
--copy of the article and attachment--
modified some base content.How does this look?
If we individually send to all the talk show hosts we are bound to get some attention.Core group what do U think:Should this mails be sent individually by each of us or are the administrator's going to mail the talkshow hosts?
Am ready to send emails to major newspaper organisations and show hosts.
This website has links of most of the talk show hosts. Right click on the individual email links to get address.
http://www.conservativeusa.org/megalink.htm
Subject: Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Dear ****,
I would like to get to your attention the peaceful campaign of Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez
Please find below/attached the article related to this.
Thanks,
******
--copy of the article and attachment--
modified some base content.How does this look?
If we individually send to all the talk show hosts we are bound to get some attention.Core group what do U think:Should this mails be sent individually by each of us or are the administrator's going to mail the talkshow hosts?
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drona
07-06 07:31 PM
We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).
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simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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rockstart
08-20 08:59 AM
My final update on I485 journey
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
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gsc999
10-08 05:39 PM
But please, just trying to beat around the bush is not going to help anyone here for that matter not just me alone. You suggestion of sending flowers seems like that is the only solution to all the problems. I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
cool_desi_gc
09-03 06:26 PM
EB3 India
EAD Sent 07/10/08
ND : 07/14/08
No LUD's since then.
Card production Ordered email on 09/03/08
EAD Sent 07/10/08
ND : 07/14/08
No LUD's since then.
Card production Ordered email on 09/03/08
senthil1
06-28 04:16 PM
What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
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