wandmaker
10-23 05:46 PM
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
wallpaper july august 2011 calendar.
ArkBird
10-04 08:34 PM
How did they pull it off?
We have been waiting for data like this since umm..... last ice age??
Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....
We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!
In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)
I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.
Let the Reds rain!
We have been waiting for data like this since umm..... last ice age??
Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....
We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!
In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)
I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.
Let the Reds rain!
SL%%
08-18 09:27 PM
hi sl
which service center is processing your application ?
nsc
which service center is processing your application ?
nsc
2011 july august 2011 calendar.
maddipati1
10-16 07:55 PM
Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.
raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
Even i didn't know about this until i came to US :-)
in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)
raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
Even i didn't know about this until i came to US :-)
in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)
more...
niklshah
09-19 08:10 PM
Look at this guys..Sapin sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
pls edit sapin to spain.....it was confusing
http://www.msnbc.msn.com/id/26792948/
pls edit sapin to spain.....it was confusing
Blog Feeds
02-05 06:40 PM
AILA Leadership Has Just Posted the Following:
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
more...
yogi13
07-19 02:19 PM
Would there be delay in issuing EAD for my spouse if there is RFE for I-485 application? Is EAD depends on I-485 approval.? My birth certificate have some mistake in father's name. It will take time as we need to do change in original birth record. So I am submitting affidavit right now.
Is this thing will delay EAD?
Thanks
Is this thing will delay EAD?
Thanks
2010 july august 2011 calendar.
authrd
07-26 02:09 PM
If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.
more...
Soul
04-28 10:50 AM
Kit, you just copied my vote :P
- Soul :s:
- Soul :s:
hair july august 2011 calendar.
bigboy007
11-23 09:59 AM
do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"
nope... but what do you mean by "Stamped US Passport"
more...
gemini23
11-19 08:50 AM
Do we have to send copies of H1 visa stamp in passport in order to apply for ead renewal. if yes, what would be the case if the H1 visa stamp is expired. Can I send the copy of expired H1 visa stamp and I-797 approval , for ead renewal?
Can you please answer this question as I am about to file for a ead renewal.
Can you please answer this question as I am about to file for a ead renewal.
hot july august 2011 calendar.
funny
10-01 04:27 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
more...
house july august 2011 calendar.
chantu
02-19 06:25 PM
If you guys are discussing so much..can somebody take pain to answer my simple question?
tattoo 2011+calendar+may+june+july+august States july august, september october
questions
06-10 10:45 AM
Thanks Kothuri.
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
more...
pictures may june july august 2011
prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
dresses tattoo August 2011 Calendar
pappu
07-13 02:38 PM
The Conrad 30 J-1 physician waiver program is good news.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
more...
makeup may june july august 2011
green_card
09-25 11:05 AM
ekauraaya, i didnt mean to sound like the police, but your post did sound a bit harsh. if you didnt intend it then i am sorry as well. the reason i am so touchy is because me and my wife just got done paying off a $25,000 credit card bill that we accumulated while i was a student. no, we werent splurging like crazy to buy the latest gadgets. this was survival stuff like groceries and gas that we had to encounter while in graduate school and being married at the same time, with no financial support from family and very little stipend from university. so we know what its like to live in that nightmare. thank god we are done with it. luckily we never missed any payments and have good credit scores but we know the stress of having a huge debt through bad circumstances even if one is not a spendthrift.
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
girlfriend july august 2011 calendar.
gcdreamer05
01-21 02:17 PM
What an irony, these guys will not let us file nor to withdraw, :mad:
hairstyles june july august 2011 calendar
smuggymba
05-11 04:34 PM
OP is busy, International Manager got a call from her TCS Manager.
Please don't insult OP by calling her Intl Manager - they are called "Global Program Manager" and "Executive Engagement Manager". These companies are coming up with new fancy names for these PM's with 70K salary, 6 yrs of experience and 10 college freshers reporting to them.
Please don't insult OP by calling her Intl Manager - they are called "Global Program Manager" and "Executive Engagement Manager". These companies are coming up with new fancy names for these PM's with 70K salary, 6 yrs of experience and 10 college freshers reporting to them.
nixstor
11-17 03:46 PM
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Big holler from me! You become EB3 ROW (Rest of the world).
Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Big holler from me! You become EB3 ROW (Rest of the world).
Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months
inskrish
01-30 09:33 AM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Hello,
What is your daughter's online case status for I-485?
Hello,
What is your daughter's online case status for I-485?
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