gapala
03-21 05:35 PM
There you go. Here is the link for the opinion letter
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
I read it, not to redicule you but, look who is quoting murthy! :D :D
I don't agree with Murthy's interpretation. Here is my take on this -
US citizen of Indian origin[/COLOR] Its convenient han!
I do not want to go back and forth with you guys. I rest it and thanks for posting the link.
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
I read it, not to redicule you but, look who is quoting murthy! :D :D
I don't agree with Murthy's interpretation. Here is my take on this -
US citizen of Indian origin[/COLOR] Its convenient han!
I do not want to go back and forth with you guys. I rest it and thanks for posting the link.
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NolaIndian32
02-07 02:11 PM
Sent three letters yesterday, and an additional 10 letters were sent by friends and family yesterday and today.
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maverick6993
07-03 10:15 AM
Does the SKIL bill only needs to pass in the House? Since it is already in the CIR , does it mean it has already passed in the senate? How is it going to work?
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thomachan72
07-22 12:59 PM
Imagine for a moment that you are completely deaf and dumb...
Now tell me which language is the best and which one everybody should learn???
Hindi? Telugu? Kanda? English? or "Sign language"??:D:D:D:D
Now tell me which language is the best and which one everybody should learn???
Hindi? Telugu? Kanda? English? or "Sign language"??:D:D:D:D
more...
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santb1975
06-30 10:56 AM
We have to
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walking_dude
10-10 02:37 PM
CagedCactus,
Can you PM me your phone number? I already PMed you mine sometime back.
You can call me or I'll call you. Eitherway it's fine. Lets talk
Can you PM me your phone number? I already PMed you mine sometime back.
You can call me or I'll call you. Eitherway it's fine. Lets talk
more...
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belmontboy
03-21 03:43 PM
Simply amazing ...
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
Herez the qualifying criteria for various EB categories.
FIRST PREFERENCE Includes:
Intra-Company Transfers - Executive or Managers
Outstanding Professors and Researchers
"Extraordinary Ability" in the sciences, arts, education, Business and athletics
Note: Categories 1 & 2 do not require a labor certification7 Category 3 does not require a labor certification or offer of employment.
SECOND PREFERENCE Includes:
Professionals with advanced degrees
Aliens of "Exceptional Ability" in the sciences, arts or business
Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
THIRD PREFERENCE Includes:
Professionals with bachelor's degrees
Skilled workers filing positions requiring at least two years of training and experience
other workers.
Every category includes skilled professionals.
The classification is based on education/priority/years of exp.
We all have the option to apply for a "better" category, but we choose not to because either we don't have supporting documents or our employer refused to do so.
We should stop infighting and focus on bigger issues at hand.
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
Herez the qualifying criteria for various EB categories.
FIRST PREFERENCE Includes:
Intra-Company Transfers - Executive or Managers
Outstanding Professors and Researchers
"Extraordinary Ability" in the sciences, arts, education, Business and athletics
Note: Categories 1 & 2 do not require a labor certification7 Category 3 does not require a labor certification or offer of employment.
SECOND PREFERENCE Includes:
Professionals with advanced degrees
Aliens of "Exceptional Ability" in the sciences, arts or business
Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
THIRD PREFERENCE Includes:
Professionals with bachelor's degrees
Skilled workers filing positions requiring at least two years of training and experience
other workers.
Every category includes skilled professionals.
The classification is based on education/priority/years of exp.
We all have the option to apply for a "better" category, but we choose not to because either we don't have supporting documents or our employer refused to do so.
We should stop infighting and focus on bigger issues at hand.
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svam77
07-18 12:03 PM
I also think that the NSC Service Center update issued on November 20th, 2006 is not still valid. ( To file 485 without i 140 receipt notice)
Actually NSC was very slow in processing receipt notices during that time and hence the update was issued.
But now, the maximum time to send out a receipt notice is 15 days. So I am not sure if we can rely on that update.
Actually NSC was very slow in processing receipt notices during that time and hence the update was issued.
But now, the maximum time to send out a receipt notice is 15 days. So I am not sure if we can rely on that update.
more...
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jonty_11
07-14 12:26 PM
Are we assuming that all the BEC (Backlog Elimination Center) EB2's have already gotten their GCs..?
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waitnwatch
05-30 06:46 PM
On Thomas most of the amendments were ordered to "lie on the table". If these amendments are not considered most of the sponsors & co-sponsors of these amendments may not support the final bill. That would be a good thing for us. Blessing in disguise!!
Not just a blessing in disguise but a direct blessing from heaven!!!!!
Not just a blessing in disguise but a direct blessing from heaven!!!!!
more...
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JazzByTheBay
09-12 10:49 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
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chantu
06-28 06:45 PM
Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which my delay processing.
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
more...
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Totoro
05-16 11:29 AM
Great work toro , the article was very good...
http://www.msnbc.msn.com/id/24567987/page/2/
So do we have any update on this, will it be possible to get SSN for H4 dependents?
So far things are looking good, but I have been instructed to not discuss any specifics until the lawyers have reviewed all the information. I should know more next week. I also received a call yesterday from a congressional office, but I was unavailable to take the call. We'll see what happens.
http://www.msnbc.msn.com/id/24567987/page/2/
So do we have any update on this, will it be possible to get SSN for H4 dependents?
So far things are looking good, but I have been instructed to not discuss any specifics until the lawyers have reviewed all the information. I should know more next week. I also received a call yesterday from a congressional office, but I was unavailable to take the call. We'll see what happens.
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harsh
12-24 05:09 PM
I know the reason for issuing H4 visa is to be with the primary H1B. Therefore i can understand why some people will say that is why H4 are not allowed to work. But the reality is that for all other employement based visas or immigrant visas there is only 1 primary applicant. Like when you get AD after 485 stage, your spouse also gets AD. Also L2 visa holders who are dependents of L1 visa holders get work permits. Its only the H4 visa holder who do not get work permits. It beats me why in the world law makers did not allow work permits for H4 when they allow work permits for L2 and give EAD cars for spouses during 485 stage.
more...
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mheggade
07-14 10:46 AM
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
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Macaca
09-12 09:48 AM
Take the first step, and
your mind will mobilize
all its forces to your aid.
But the first essential is that
you begin.
Once the battle is started,
all that is within and without you
will come to your assistance
Robert Collier
your mind will mobilize
all its forces to your aid.
But the first essential is that
you begin.
Once the battle is started,
all that is within and without you
will come to your assistance
Robert Collier
more...
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amslonewolf
03-06 07:11 AM
I received the same response.
I would like to contribute as well.
I would like to contribute as well.
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amitga
10-04 03:58 PM
Lets start spreading word that MI chapter meeting on 10/20.
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gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
kartikiran
06-10 04:09 PM
EB 3 India has become joke when u look over all the previous patterns. :mad:
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
GCwaitforever
03-23 11:06 AM
If your interpretation is correct, US STEM degree holders with 3-year experience hit the Jackpot. Good for them and good for remaining people in EB2 queue. Unfortunately EB3 can not use any surplus/leftover created in EB2 with the new bill. That is a minus point. EB-5 benefits a lot though.
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