LayoffBlog
01-27 01:32 PM
According to Reuters: “A U.S. senator has asked Microsoft Corp about its plans to slash up to 5,000 jobs, urging the world’s biggest software company to preserve the jobs of Americans ahead of foreigners working on visas.““The letter asked Microsoft Chief Executive Steve Ballmer to provide a breakdown of the jobs to be eliminated, and [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1228&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)
More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)
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EndlessWait
12-13 02:55 PM
its a "carrot dangling" technique used by the immigration system here to make u "modern day slave" to get things done....they will take ur SS taxes and make u wait until you realize and give up and go back
i really wish the reality of this immigration was known to me when I came..I wasted my career waiting in this GC wait.... :mad:
i really wish the reality of this immigration was known to me when I came..I wasted my career waiting in this GC wait.... :mad:
kurtz_wolfgang
08-14 11:39 PM
Hello Gurus,
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.
Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.
Please help me.:confused::confused::confused:
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kaisersose
07-26 03:16 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
more...
Better_Days
11-03 06:20 PM
I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
NOPE.
Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]
Now nothing will get done, and they will have no reasons.
Welcome to world of politics my friend :)
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
NOPE.
Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]
Now nothing will get done, and they will have no reasons.
Welcome to world of politics my friend :)
waitin_toolong
07-27 09:37 AM
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
more...
sanjeev.mehra@gmail.com
08-15 08:25 AM
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
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kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
more...
lskreddy
06-10 11:37 PM
The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..
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EndlessWait
12-13 06:34 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
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Refugee_New
07-25 12:05 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
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EkAurAaya
03-19 09:46 PM
I think you need to talk to the CPA for tax and not lawyer....
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
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LONGGCQUE
05-05 10:10 PM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
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talash
12-13 09:19 AM
I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
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TomPlate
01-09 04:04 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.
All EB priority dates are current.
EB3 quota is like a spoon of rice from a bag of basmati :))
It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.
All EB priority dates are current.
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WaitingForMyGC
06-25 11:18 AM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
more...
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arnet
02-12 05:10 PM
2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
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skodu
08-16 01:59 PM
My Company charged 2 of colleagues for their Spouses application fees, but covered their legal fees couple of years back. But they covered everything for me and my wife this year June. It varies company by company and trust and between the Employee and Employer and value of the Employee.
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sac-r-ten
03-22 10:34 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
vikram_singh
07-27 01:02 PM
Wow, never thought you people would like it:-)
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
h4visa
07-27 01:46 PM
After EAD is approved, H4 can work anywhere in any job.
Thanks much Jasmin.
Thanks much Jasmin.
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