
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Pankaj
06-22 10:46 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?

Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
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dixie
12-11 12:11 PM
Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.
more...

vinabath
03-25 03:44 PM
My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.

gauravster
07-08 03:17 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
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immigrationmatters30
07-22 08:17 AM
Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.
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veerkar
01-18 03:57 AM
These links should answer any AC21 questions
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
more...

HelloGC07
08-07 11:52 AM
Talked with IO today, No information about my application yet!
Got new LUD dated 08/05/07 on already approved I-140
I thought it meant something...I am so disappointed :(
Got new LUD dated 08/05/07 on already approved I-140
I thought it meant something...I am so disappointed :(
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dfwhunt
05-23 12:18 PM
Emailed all senators on the list.
Appreciate IV's core team's dedication to fight and inspire all of us.
-Contributed $100 so-far (Proud to be part of this fight)
Appreciate IV's core team's dedication to fight and inspire all of us.
-Contributed $100 so-far (Proud to be part of this fight)
more...

kiwi
07-20 08:21 AM
Pledge $200
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buddyinsd
08-25 05:04 PM
I'm guessing ppl who got LUDs recently (mostly on 21st) have been assigned visa numbers which are going to be released only nxt month and they will be approved only in the beginning of Sept.
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
Visa numbers for this month have been used up. And going by the # of ppl who got LUDs even if they were not current, my assumption is that their applications were in the same box as the ones who were current and it was a mass update. I think come Sept, they're going to take all applications out of the "LUD Boxes" and sort out only those who are current and start approving them.
Again, its all assumptions...Nobody knows for sure whats going on...
more...
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tikka
05-23 06:03 PM
Sent IV press release to major newspapers/ news services using AILA website.
Thank you for the all the links!!
A little checklist to encourage other IV members to work on action items.
1) Funding Drive
http://immigrationvoice.org/forum/showthread.php?t=4618
Just made paypal contribution for $100.
2) Media Drive
http://immigrationvoice.org/forum/showthread.php?t=4290
Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/
3) Email to Senators
http://immigrationvoice.org/forum/showthread.php?t=4619
Sent to all senators in list by visiting their sites.
4) IV Fax
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
Sent.
Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.
Thank you for the all the links!!
A little checklist to encourage other IV members to work on action items.
1) Funding Drive
http://immigrationvoice.org/forum/showthread.php?t=4618
Just made paypal contribution for $100.
2) Media Drive
http://immigrationvoice.org/forum/showthread.php?t=4290
Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/
3) Email to Senators
http://immigrationvoice.org/forum/showthread.php?t=4619
Sent to all senators in list by visiting their sites.
4) IV Fax
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
Sent.
Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.
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gc_vbin
11-18 04:16 PM
Done.. Got response from Michael Bennet..not an auto response but an email.
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saimrathi
07-07 10:28 PM
Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
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ski_dude12
09-07 04:33 PM
We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.
Receipts are coming... just hang in there.
Receipts are coming... just hang in there.
more...
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test101
07-06 11:16 PM
I like the CD idea very much. Ithink it will attrack attention. Have not heared money people doing it for the purpose of protest.
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alex99
04-30 03:10 PM
That data include all EB categories and Even BEC cases.
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jonty_11
10-27 10:44 AM
I understand we want to stand alone with our issues and that may be favourable to us from an anti-immi stance taken by many in Govt and otherwise. I am not sure though if by alienating EB retrogression issue with H1B increase we will be able to get anything done.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
smuggymba
02-10 08:35 AM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
Having a USA visa is not the epitome of success and integrity.
Having a USA visa is not the epitome of success and integrity.
mallikonnet
07-19 10:09 PM
count on me $100 and let me know how and when to pay
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