x1050us
07-19 10:18 AM
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
wallpaper tattooed in da hood.
Pagal
06-24 02:14 PM
Hello,
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
Great! I sent individual messages to all senators through their websites and was able to send a 'hand delivered' message to Jeff Sessions for $8.95 through following website (https://ssl.congress.org/congressorg/mailapp/).
For those interested, here is the link to the body of the message (http://immigrationvoice.org/forum/members-forum/24810-viral-video-clear-up-legal-immigration-issues.html#post383866).
I know that I'm focusing on a small part of what our community needs, but hope it's a small step to improve immigration for us and all future immigrants.
psaxena
05-29 09:05 PM
keep bumping it for another 5 days
2011 Bitc hw ace-hood-tattoos,
eb3retro
01-13 05:11 PM
gcseeker, u just spoke my mind, this was exactly what was going in my mind, when i decided not to take transit visa. i just cant believe, there is another soul who thinks just the way, i thought, look at my PD, came to US in 1999, still no GC after 12 years, planning to leave back to india for good, this year..oh well, life goes on..
vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .
vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .
more...
PDOCT05
08-15 03:22 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
sku
12-18 07:32 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
more...
smisachu
05-15 12:18 PM
Yes. Everyone please contact your state chapters. IV is running a massive effort and we need all the help we can.
Members from NY/NJ/CT, please join the yahoo group. Murli and others are leading a strong campain. We need more support.
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
Members from NY/NJ/CT, please join the yahoo group. Murli and others are leading a strong campain. We need more support.
Always check with your state chapters.
State chapter leaders are more aware of our work than what we post on the forum for public.
There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.
There maybe some more news today. Hopefully... Stay tuned.
2010 red riding hood tattoo
ram04
04-29 04:42 PM
:D
Actually the SU-30MKI beat both the F-15 and Euro fighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
India has so good grip on Russian & European Aviation technology (I got opportunity to be a part of MIG s and Jaguar upgrades for several versions in IAF &HAL).
In fact India is already involved into actual development & reselling of Russian MiG version air crafts to some third world countries after Russian collapse.
Inherently Russia always carry the base line fundamentals forward to newer technologies. By already having good expertise on those,
It perfectly makes sense from India's point of view to go with SU 30 and Euro fighters compared to F versions.
Immigration - It may not have any impact on immigration even if it is, what difference it makes after loosing so much of precious time in waiting already.
Actually the SU-30MKI beat both the F-15 and Euro fighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
India has so good grip on Russian & European Aviation technology (I got opportunity to be a part of MIG s and Jaguar upgrades for several versions in IAF &HAL).
In fact India is already involved into actual development & reselling of Russian MiG version air crafts to some third world countries after Russian collapse.
Inherently Russia always carry the base line fundamentals forward to newer technologies. By already having good expertise on those,
It perfectly makes sense from India's point of view to go with SU 30 and Euro fighters compared to F versions.
Immigration - It may not have any impact on immigration even if it is, what difference it makes after loosing so much of precious time in waiting already.
more...
logiclife
01-09 12:14 PM
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
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Jimi_Hendrix
06-26 02:08 PM
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
LostInGCProcess
02-11 03:43 PM
With all these analysis, is there any formula to actually predict when one could get the GC? I was just curious to know when I could potentially get my GC although I stopped worrying about it a very long time ago.
Thanks.
Thanks.
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DOMBOSKO
04-14 11:43 PM
H-1B crisis: Cisco has 1,504 U.S. job openings to fill
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
more...
house Red Ridding hood tattoo
gcdreamer05
04-13 11:59 AM
Brother, your idea is good but practically it is very difficult.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
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nogc_noproblem
04-08 07:26 PM
Lou Dobbs just reported in his show in CNN that more than 400k applications received for H1b (as against the quota of 65k), ofcourse with his usual bla bla cheap labor comments specifically pointing out Indian outsourcing companies.
more...
pictures on ridiculous tattoos.
anandrajesh
11-30 10:32 PM
I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
more...
makeup Tattoos: None Piercings:
neverbefore
07-14 04:12 PM
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Thanks a lot for your replies. :)
Said nothing about keeping the passport.
Thanks a lot for your replies. :)
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desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
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mrajatish
12-14 08:40 AM
If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
ksircar
07-28 01:04 PM
I was trying to fill up AP e-filing form. As I do not have a Middle Name, I didn't eneter anything in the Middle Initial field. It does not allow me to submit the form and shows the following error:
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
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