j holiday back of my lac
images Image credit: J. Holiday 
santb1975
01-30 05:07 PM
it is at 22 now. I will post this on the so.Cal chapter
wallpaper Didn#39;t do my bed Back to my
chanduv23
03-20 02:24 PM
Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
qualified_trash
09-13 02:53 PM
Folks,
As a core member I thank you all for your support. IV needs your help with two things. First and foremost, our numbers need to grow. Right now we have about 6,000 members, but we all know there are far more people than that stuck in limbo due to backlogs in the legal immigration process.
Why do we need more numbers? Because when we go to talk to people on The Hill (and I live in DC and work here and I go as well), we have to convince them that we are a sizeable chunk of people in terms of our numerical strength that will vote when we become citizens. This is why we need to get working on this immediately. Talk to your family, friends and colleagues who are stuck in legal immigration backlogs, and get them to join IV. Each existing member should get at least one new member to join up. The more, the better.
Secondly, we need more members to become paying members. This is crucial, as all our work requires $$$. Saying "I'll pay when the work is done" does not help us. The work requires a steady cash flow, and while pledges are deeply appreciated, we can't operate merely on pledges. Many core members work very hard on raising money and on publicity.
So, I earnestly request your help in recruiting new members as well as strengthening our funding. Thank you!
Cheers!
RR
I second what rheoretro has written............
As someone who has started working with the core group, I now fully understand the amount of work that goes into IV activities. At this time, IMHO, the best that all the other members can do is to contribute money to IV and spread the word about IV. Just getting your closest friends to sign up and CONTRIBUTE (if they are immigrants awaiting their Greencards), is the best thing all IV members can do for IV.
As a core member I thank you all for your support. IV needs your help with two things. First and foremost, our numbers need to grow. Right now we have about 6,000 members, but we all know there are far more people than that stuck in limbo due to backlogs in the legal immigration process.
Why do we need more numbers? Because when we go to talk to people on The Hill (and I live in DC and work here and I go as well), we have to convince them that we are a sizeable chunk of people in terms of our numerical strength that will vote when we become citizens. This is why we need to get working on this immediately. Talk to your family, friends and colleagues who are stuck in legal immigration backlogs, and get them to join IV. Each existing member should get at least one new member to join up. The more, the better.
Secondly, we need more members to become paying members. This is crucial, as all our work requires $$$. Saying "I'll pay when the work is done" does not help us. The work requires a steady cash flow, and while pledges are deeply appreciated, we can't operate merely on pledges. Many core members work very hard on raising money and on publicity.
So, I earnestly request your help in recruiting new members as well as strengthening our funding. Thank you!
Cheers!
RR
I second what rheoretro has written............
As someone who has started working with the core group, I now fully understand the amount of work that goes into IV activities. At this time, IMHO, the best that all the other members can do is to contribute money to IV and spread the word about IV. Just getting your closest friends to sign up and CONTRIBUTE (if they are immigrants awaiting their Greencards), is the best thing all IV members can do for IV.
2011 J. HOLIDAY ARRESTED - FOR
eb3_nepa
02-05 04:43 PM
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
Our main goal to solve the retrogression problem.
Well then by that logic the US Govt can turn around and tell all of us the same thing right? This is our processing time, take it or go elsewhere :)
Also converting to an f1 has SERIOUS implications. For starters you have to shell out a LOT of money for a full time degree. Secondly in some cases the person may STILL not be eligible to apply for an H1 coz that job profile.
Lastly I did not mean we contact Human rights activists for the same.
more...
calboy78
08-14 02:31 AM
Yes, that is right, I said “plight of EB2-India”.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
IMHO -
Your arguments don't hold water because:
=> With a PhD - one can get GC very soon because EB1 is mostly current...so don't say that EB3 are cutting in line.
=> Yes, in his first month PhD can't save as much as the one who had been working full time but in long term a PhD does and will.
This person has an option of moving to EB2 BUT it is not easy as it sounds ..if person stays with same company, they will be reluctant to file his GC from scratch in EB2...going to another company has its own risk.
=> Then - why the hell EB3 guy did not choose to do his PhD ? - Well, people do things depending upon circumstances ..they might have family with 2 kids...they can't do PhD with that bare minimum stipend; They might be going along the waves. May be the person is smart and doing work of a PhD already (don't tell me that EB3 people can't do a PhD job ...I have seen people with Bachelor's degree outsmarting PhDs).
Just because EB3 people did not do PhD - one can't justify their suffering ..they are suffering and its not justified.
=> There might be very very VERY few people who said “my career is over because my gc is delayed” !
Because of delayed GC, people can't make important decision of their life - like where to stay? In US, In India? where to buy house etc?
And lastly - I am an EB2; AND in near future planning to move back to India - losing the GC - so I am not speaking in favor of EB3 people because I am EB3 or I am just dying to be in US .. however I am speaking in favor of "what is right". It is not right to screw people by putting them in such a big limbo ...get their GC in 7 to 10 years.
Try to put yourself in these shoes - After taking all the required courses and passing your thesis ...if somone grills you for another 7 years before giving you the status of "PhD" ..how would it fill like ? Like a "bicentenary man" (Watch the movie, if you haven't)!!
btw...
You said:
What else could be expected?
http://en.wikipedia.org/wiki/Ad_hominem
Attack the argument, not the argumentor.
And in your own words
(Hingish...you are an idiot and it is quite obvious from what you had to say, which was absolutely pointless)
You aren't following your own rules - confused ?
- Nothing personal - What's right is right !
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
IMHO -
Your arguments don't hold water because:
=> With a PhD - one can get GC very soon because EB1 is mostly current...so don't say that EB3 are cutting in line.
=> Yes, in his first month PhD can't save as much as the one who had been working full time but in long term a PhD does and will.
This person has an option of moving to EB2 BUT it is not easy as it sounds ..if person stays with same company, they will be reluctant to file his GC from scratch in EB2...going to another company has its own risk.
=> Then - why the hell EB3 guy did not choose to do his PhD ? - Well, people do things depending upon circumstances ..they might have family with 2 kids...they can't do PhD with that bare minimum stipend; They might be going along the waves. May be the person is smart and doing work of a PhD already (don't tell me that EB3 people can't do a PhD job ...I have seen people with Bachelor's degree outsmarting PhDs).
Just because EB3 people did not do PhD - one can't justify their suffering ..they are suffering and its not justified.
=> There might be very very VERY few people who said “my career is over because my gc is delayed” !
Because of delayed GC, people can't make important decision of their life - like where to stay? In US, In India? where to buy house etc?
And lastly - I am an EB2; AND in near future planning to move back to India - losing the GC - so I am not speaking in favor of EB3 people because I am EB3 or I am just dying to be in US .. however I am speaking in favor of "what is right". It is not right to screw people by putting them in such a big limbo ...get their GC in 7 to 10 years.
Try to put yourself in these shoes - After taking all the required courses and passing your thesis ...if somone grills you for another 7 years before giving you the status of "PhD" ..how would it fill like ? Like a "bicentenary man" (Watch the movie, if you haven't)!!
btw...
You said:
What else could be expected?
http://en.wikipedia.org/wiki/Ad_hominem
Attack the argument, not the argumentor.
And in your own words
(Hingish...you are an idiot and it is quite obvious from what you had to say, which was absolutely pointless)
You aren't following your own rules - confused ?
- Nothing personal - What's right is right !
mirage
10-07 06:27 PM
The only housing market which doesn't show any sign of correction is Mumbai, as the builders have more Dubai, 'Bhai' kind of money. Everywhere else properties have already fallen 20-30%. In gurgaon & NOIDA they are down 40% from previous year...
more...
fatjoe
10-01 03:48 PM
It would take at least 45 days. You will always get about a month's notice for the interview. As per my case, I got a notice on March 10, 2009 that my case was transferred to NBC and that I would have to attend an interview at local office. I got the interview notice around May 15th for the interview scheduled on June 25th.
Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.
Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.
2010 J. HOLIDAY BLOG - Rapid Music
bigboy007
04-27 11:28 PM
For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
more...
caliguy
09-17 02:40 PM
KubMilegaGC - thanks for all the support.
I am now waiting for October 1st, attorney said that they will send an inquiry through AILA. I am not sure if I should call USCIS now, as they tell me to call after 60 days based on the response they sent to the inquiry that was made by the local senator.
I also got a response for my 09/04 Infopass appointment today. It says "Based on the documentation you have provided, your cases qualifies for expedited processing. You should hear back from us within 45-60 days. If you do not hear back from us within 60 days, please call us back.
I have no clue what that means? I have not provided them any documentation in the last 2 years. LUD on my case is from April 2009 (when I filed for AP/EAD) and status update is for the document they sent to me for FP in September 2007.
I filed for AP last year in May 2008 and didnt see any updates at that time either. I have no idea where my case is or whats going on with it. Let's hope for the best.
Again, congrats to you. After 16 days of pain and agony, I am glad you got your GC today, you can now relax and move on with your life. You too have been great support in the last 3-4 days.
I am now waiting for October 1st, attorney said that they will send an inquiry through AILA. I am not sure if I should call USCIS now, as they tell me to call after 60 days based on the response they sent to the inquiry that was made by the local senator.
I also got a response for my 09/04 Infopass appointment today. It says "Based on the documentation you have provided, your cases qualifies for expedited processing. You should hear back from us within 45-60 days. If you do not hear back from us within 60 days, please call us back.
I have no clue what that means? I have not provided them any documentation in the last 2 years. LUD on my case is from April 2009 (when I filed for AP/EAD) and status update is for the document they sent to me for FP in September 2007.
I filed for AP last year in May 2008 and didnt see any updates at that time either. I have no idea where my case is or whats going on with it. Let's hope for the best.
Again, congrats to you. After 16 days of pain and agony, I am glad you got your GC today, you can now relax and move on with your life. You too have been great support in the last 3-4 days.
hair A remix to J. Holiday#39;s hit
deletedUser459
06-13 01:02 PM
because I'm a green lover here's a greenish from me (-:
how awesome would it be if the screen actually did look like that?
good job
how awesome would it be if the screen actually did look like that?
good job
more...
santb1975
12-08 11:27 AM
I will send my story too
hot J. Holiday
walking_dude
11-14 12:27 PM
"Victory is always possible for the person who refuses to stop fighting." - Napoleon Hill
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
more...
house HOT OR NOT: J. HOLIDAY
sc3
08-12 02:26 PM
How will it march steadily when we have less than 3000 numbers for the year?
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
tattoo J. HOLIDAY – IT#39;S YOURS ♫
gctest
10-03 09:08 PM
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
more...
pictures J. Holiday
wawa
10-22 12:14 PM
Has anybody received the letter from USCIS yet ?
For me 24 days passed I've not received any letter from USCIS.
For me 24 days passed I've not received any letter from USCIS.
dresses J. Holiday热门专辑
nitinboston
05-14 10:39 AM
I know some here just cant hear/consider another point of view, but by calling me names and being so upset, they only convince me further. GC pursuit has taken over lives of some. I so wish one had better pursuits in life.
And bout calls for kicking me out, this section for analysis/discussion. If you want to throw everyone out whom you dont agree with, rename it to 'agree with me' section.
And bout calls for kicking me out, this section for analysis/discussion. If you want to throw everyone out whom you dont agree with, rename it to 'agree with me' section.
more...
makeup J. Holiday and Duo Nina Sky
desi485
11-09 03:29 PM
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
girlfriend J. holiday BED
pd_recapturing
04-02 07:01 PM
Did anyone who applied with TSC see LUD? I am asking this because it seems, TSC online system is not working.
hairstyles Back Of My Lac 2007-10-02
add78
04-27 03:46 PM
Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
santb1975
12-02 10:53 PM
We will add this to our Holiday contribution thread
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
waiting_4_gc
07-18 12:21 PM
check the latest release on July 17.pdf. I am not sure how many applications are rejected on july 2nd ...If one did not recieve rejected package it means,they are going to honor the application as long as initial evidence is right.
http://www.uscis.gov/portal/site/uscis
USCIS Announces Revised Processing Procedures for Adjustment of Status Applications (41KB PDF)
July 17, 2007 - U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
I agree with you. USCIS withdrew VB#108 (revised Visa bulletin which came out on July,2nd).So, They should accept our applications, if they were properly filed but the update didnt clearly mention that they accept applications which were filed in the first week of July.So, there is still some ambiguity exists.
http://www.uscis.gov/portal/site/uscis
USCIS Announces Revised Processing Procedures for Adjustment of Status Applications (41KB PDF)
July 17, 2007 - U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
I agree with you. USCIS withdrew VB#108 (revised Visa bulletin which came out on July,2nd).So, They should accept our applications, if they were properly filed but the update didnt clearly mention that they accept applications which were filed in the first week of July.So, there is still some ambiguity exists.
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