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gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
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gchopefull
10-02 03:39 PM
r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
thanks
dan19
03-09 02:50 PM
Based on Murthy.com, It's likely that EB3 World will move but India and China will remain stagnant:confused:
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
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needhelp!
12-31 12:15 PM
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Sree1965
05-22 04:48 PM
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...the move movement is not depended even all of them file on the day 1....It depended on the Number of approvals .....Keep watching the approvals atleast till June 10th ...
Sree
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...the move movement is not depended even all of them file on the day 1....It depended on the Number of approvals .....Keep watching the approvals atleast till June 10th ...
Sree
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
crazyAbtUS
08-14 11:36 PM
I was told by my attorney's office that the application will be rejected if re-filed. I have read though threads which claim that multiple filing is fine, but dont know what to trust!
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
I480 filed - July,02, waiting for RD/ND
I140, RD-11/03/06, LUD-11/11/07(NSC), Waiting for approval.
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pani_6
01-16 05:17 PM
Letter is attached
http://immigrationvoice.org/forum/showthread.php?t=22793
http://immigrationvoice.org/forum/showthread.php?t=22793
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shantak
04-29 02:19 PM
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
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Sakthisagar
11-19 09:10 AM
Good Luck to all of you, but nowadays if a person is below the age of 60, getting a Visitors Visa is difficult, but there are exceptional cases too.but no guarantee that they will issue a Visa. Show bank account, or real estate in their names, And also appoint letter may help, but there is no guarantee, only Visitor's visas issued for youngsters are Celebrities, Business persons, diplomats and if you are able to convince US consulate that you will come back for sure. (with proving documents!) otherwise it is difficult to my knowledge.
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GC_1000Watt
12-03 04:26 PM
The simple reply to this question I could think of is that Dream Act is not meant to benefit Legal immigrants, however Visa recapture will directly benefit all the Employment based legal immigrants.
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
more...
uppu1977
05-21 08:18 AM
If you are driving close to the US border, they will check your documents.
I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.
My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.
I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.
My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.
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chaitanya139
01-22 02:53 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
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gc2
02-19 11:22 AM
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jsb
03-25 03:47 PM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
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needhelp!
04-10 05:27 PM
Please continue to post bugs and suggestions.
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antihero
11-27 12:36 AM
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
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mach1343
05-13 11:36 PM
I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
Are you working for a consulting company or a direct to your employer?
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
Are you working for a consulting company or a direct to your employer?
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ski_dude12
09-26 06:50 PM
You can do the following to get your case to be picked up-
1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.
2. Contact local congressman
3. Send email to SCOPSSCATA@dhs.gov giving your case details.
Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.
Hope that helps. Do what you can to ensure that your file is picked up.
This is disheartening...
1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.
2. Contact local congressman
3. Send email to SCOPSSCATA@dhs.gov giving your case details.
Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.
Hope that helps. Do what you can to ensure that your file is picked up.
This is disheartening...
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bsbawa10
04-11 08:58 AM
I have couple of questions
2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
I think you can say 485 filed.
2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
I think you can say 485 filed.
permfiling
06-01 08:26 PM
I am one of those where I have I140 approved but waitting for visa num# and I know another person in similar boat.
- contributed $500 to IV
member of north ca chapter
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
- contributed $500 to IV
member of north ca chapter
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
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06-11 03:59 PM
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THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...
Nice work :beam:!
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