Saturday, June 25, 2011

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  • gjoe
    02-04 04:36 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport





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  • wandmaker
    10-12 04:25 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.





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  • Asian
    08-22 01:02 PM
    I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.

    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





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  • anilsal
    06-29 04:30 PM
    most of the Schengen consulates (Germany, France, Switzerland, Norway etc) are being forced into performing biometrics (aka fingerprinting) before issuing visas. This is going to be another hurdle before you actually are issued a Schengen visa. At least the consulate lady I talked to recently was not looking forward to the biometric requirement. Not sure when the requirement kicks in.

    If you want to get UK visa, you are anyway required to do fingerprints similar to your EAD/485 FP at the USCIS centres. So this exercise will be followed by other consulates.

    With the airlines suffering, I am wondering if there will be any respite to their woes.



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  • anuh1
    04-05 04:01 PM
    I hope you will in a day or two. mine also filled in first week of feb.





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  • boston_gc
    05-30 10:04 PM
    Thank you everyone.

    I did my share and sent the webfax.



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  • grinch
    05-11 01:56 PM
    The font and color of font doesn't fit in the apple stamp ;)





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  • eb3retro
    03-17 11:07 AM
    Just contributed $100.00. Will contribute more in Future...!


    thanks to all the people who made this happen and special thanks to the team who went to Washington for our cause.



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  • dpp
    08-17 04:06 PM
    fedex des not deliver to PO boxes

    Everybody knows that. But what he referring is "whey didn't you use FedEx service by giving Street address of TSC?"





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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • gc_samba
    07-17 02:56 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?





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  • ken
    04-10 02:08 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).

    Praveen , Same situation i guess. There was a LUD yesterday on both (me and my wife case).. No Idea what they are trying to do.



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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!





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  • phigi
    03-28 12:35 PM
    your payroll should be run against the place of your work and not your employer's state!
    This is important!!!



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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.





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  • chandler_vt
    04-30 08:17 AM
    Where did you get this info? Could you please point out a reference that says so?

    You have to think about it in these terms.

    1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.

    2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

    Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.



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  • qualified_trash
    01-01 12:03 AM
    provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....

    this is not true. you can port the I 140 even if the employer has USCIS cancel the I140.

    you CANNOT port PD from an approved I140 if I140 was revoked due to fraud.





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  • onthelines
    10-06 03:25 PM
    This is Incredible..Thanks IV for all the hard work.





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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.





    rajnag21
    07-17 06:57 PM
    Thanks again to everyone. I will ask him to join IV. :) He like me has been in the country for over 10 years. The combined stress (finding a partner plus this gc dragging thing) has made him catatonic to some extent.
    He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.





    letstalklc
    09-04 04:14 PM
    I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....



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