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  • plassey
    08-20 08:01 PM
    Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
    I-140 is his stuff .
    I-485 is ur stuff but in absence of I-140 it means nothing.

    Your only case is if he has violated any of the H1 provisions.





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  • eb3_nepa
    06-05 01:56 PM
    Since the H-1 will be cancelled by the previous employer, the answer is No.

    I am more curious to know if you can use the EAD in conjunction with the H1B (working 2 jobs 1 on H1B and one on EAD).





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  • undertaker
    05-15 11:46 AM
    While I do not condone all practices of these big companies: coz of them many ppl sitting in India will have a H-1 and may never come here but me and some of my friends who have been working hard as students here (doing B.S. from a very reputed school, that still doesn't help be cap exempt) shall likely be left out.
    But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
    PS: Just my 2 cents, no offense intended to anyone of any color.





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  • indio0617
    12-20 10:55 AM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf


    GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...



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  • vdlrao
    06-04 06:09 PM
    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead





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  • Lasantha
    02-08 04:11 PM
    That is one of the points raised in this current letter campaign for admin fixes.

    I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.



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  • gcwait_07
    11-03 10:57 AM
    To all those republican homies on this thread....

    a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.

    b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.

    c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.

    d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.

    e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?

    Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.

    The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.

    Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.





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  • ufo2002
    09-15 01:53 PM
    Did you come to america for Horizontal growth...................ie to increase your girth?
    You could easily do that in india these days. Some comments here are plain funny!

    India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....



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  • chanduv23
    10-31 09:47 AM
    Folks, don't beat ur head on this.
    OP - as long as you followed all laws and everything is perfect with you, don't worry.

    Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.

    Do not expect any valuble information from USCIS when your date is not current.

    They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...

    As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"

    As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.

    A proper response will give you peace of mind.





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  • funny
    05-15 11:41 AM
    I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.

    I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.

    I felt the same....



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  • maine_gc
    08-22 02:04 PM
    Unless there is a change in immigration laws it will be very true that you cannot apply for 485 in the next 5 years. To make something happen it is very important to attend DC Rally.

    So folks who are reading this, notice the importance of the Rally and your presence at the rally.

    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:





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  • pappu
    11-06 03:59 PM
    Sometime this month!!

    Let me narrow it down

    ' First half of this month'. :D



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  • gcisadawg
    04-21 10:36 AM
    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case

    That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
    In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....

    When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.

    I believe OP has a very difficult case and I dont see a way to get around this.

    One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.





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  • gc_on_demand
    06-12 09:39 AM
    Thursday 06/12/2008 - 11:00 AM

    2237 Rayburn House Office Building

    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law

    Hearing on the Need for Green Cards for Highly Skilled Workers



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  • GoGreen
    11-20 08:35 AM
    I dont think law makers would care.
    But I know at least 5 of my friends waiting for thier GC's to buy a home.





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  • deba
    08-08 01:50 AM
    I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.



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  • kart2007
    05-15 11:19 AM
    Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.





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  • nixstor
    07-06 02:58 PM
    I understand that the air time on the show can be very very limited. Probably a min or less. After discussing the VB fiasco, If Dr Bahrainwala gets a chance, He should strongly consider mentioning the root cause of the problem.

    "The root cause of the situation is the inability of
    a) DOS/USCIS to recapture the visa numbers from previous years
    b) to carry forward the unused numbers for atleast one year

    If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"





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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





    satishku_2000
    12-12 02:06 PM
    Can you calculate for september 2004 :)





    somegchuh
    12-07 01:59 PM
    I see there is a lot of discussion about how one day GOI will have an agreement with US Govt and we will all get benefits of all social security taxes paid. I don't see that happening because India doesn't have a social security system! US does have social security agreements with a lot of countries but those countries have social security programs. US transfers credits and the other govt has to take care of the details. Also, these agreements are always bilateral. India would have to offer some sort of social security or something in return to US nationals working there. I wouldn't get my hopes high about getting social security money if you leave the US before getting 40 credits. In fact even if you do gather the credits ... by the time you become eligible in 30 years things could be drastically different and you may not get a single penny out of it.



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