reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
wallpaper to hit at least 40 dreads,
anurakt
12-30 11:51 PM
Add St.Louis --- www.myilaaka.com
coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
2011 E 40 Dreads.
sanju
06-13 12:03 PM
I think Administrator should put a stop this IDIOT. Every now and then some arrogant idiot shows up from somewhere, and tries to hijack the forum for that day. This guy polky doesn't care if people on this forum are all LEGALS. This maniac is brainwashed and should be banned immediately. Otherwise, he will waste rest of his day preaching about "ILLEGAL IMMIGRATION" even though no one on this forum is ILLEGAL.
hey polky,
will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.
......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy
http://video.google.com/videoplay?docid=8450558837192717138&hl=en
hey polky,
will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.
......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy
http://video.google.com/videoplay?docid=8450558837192717138&hl=en
more...
blewstream
06-09 02:35 AM
Any hopes of EB3 seeing 2003 in FY2010??
Its a very painful journey :eek:
Its a very painful journey :eek:
svr_76
02-18 05:55 PM
This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...
Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
more...
senthil1
12-20 04:28 PM
You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
2010 E-40 - Dropping Two Albums On
gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
more...
sonia_sd
03-09 01:47 PM
A country that was built on immigrants paying with lifes of future immigrants - i dont know when this drama ends !!!
hair 36-40 other dreads (I will
alisa
01-20 03:44 PM
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
more...
desi3933
05-26 05:18 PM
The applicant was found to be inadmissible pursuant to section 212(a(6)(C)(ii) of the Immigration and Nationality Act (the Act), for falsely claiming to be a U.S. citizen.
http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf
http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf
hot 40 with some tiny dreads
msgrewal81
02-19 12:18 AM
There is a big Hispanic lobby to represent illegals in Congress. Who is there to represent us and put our amendments - NOBODY. So, best is to either oppose it or die.
more...
house After Dreads
alisa
01-18 09:41 PM
I have been unable to access that powerpoint.
Could something please be posted here.
Could something please be posted here.
tattoo dreadlocks.jpg (23.56 KB,
sledge_hammer
10-20 10:01 AM
Thanks gclabor07!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
more...
pictures Image 40 of 118 Next
desi3933
07-09 04:13 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
dresses Dreads
ashkam
02-12 04:10 PM
Are you people daft? Using terms like ethnic cleansing, lynching or comparing our plight to the holocaust borders on the hysterical. Please do not lose your perspective on life.
more...
makeup Natty dreads by Dey
hmehta
07-16 05:20 PM
Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
girlfriend http://cgi.ebay.com/Dreads-
ksvreg
06-30 10:55 PM
Can I handover my I-485 application personally on Monday at Nebraska?
hairstyles before: the dreads seem to
sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
kaisersose
02-21 04:19 PM
Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?
Yes. Current means Supply is more than Demand.
Yes. Current means Supply is more than Demand.
Indirant
01-21 02:52 PM
Hi Guys
I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
Indirant
I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
Indirant