go_guy123
05-30 11:56 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
perm2gc
12-25 02:31 PM
Hi Perm,
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
malibuguy007
10-01 06:28 PM
Sorry forgot to put the confirmation number in 86FWC-M9PFC
lostinbeta
10-05 04:40 PM
:) :) :) =)
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a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
chanduv23
09-24 04:06 PM
Jaime U Rock Dude
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
more...
GCard_Dream
12-01 11:13 AM
I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
more...
mirchiseth
05-29 01:18 PM
Just to confirm, based on webm's response
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
stemcell
02-26 01:21 PM
Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
more...
meridiani.planum
07-19 02:10 PM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
bharad
05-24 09:33 AM
Grow up, try to give meaningful titiles
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
more...
jonty_11
02-05 02:43 PM
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
OK thx for the info.
OK thx for the info.
swamy
12-30 01:20 AM
about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho
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jhaalaa
12-12 04:20 PM
Folks how are you and where are you all in OK. I am in Tulsa. Here are my details:
Labor Filing Date: 27 Sep 2002
Service Center: Texas Category: EB3
Application Mailed: 22 Jun 2007 USCIS Received Date: 26 Jun 2007
USCIS Notice Date: 03 Aug 2007 Filing Type: non-concurrent
I-140 Processing: regular I-140 Approval Date: 30 Mar 2006
Fingerprinting Date 1: 29 Aug 2007 Fingerprinting Date 2:
RFE: no RFE Reply Date:
Name Check Status: pending Name Check Approval/Denial Date: N/A
I-485 Status: pending Approval/Denial Date: N/A
Card Ordered Date: Card Received Date:
EAD Applied: yes AP Applied: yes
EAD Approval Date: 16 Aug 2007 AP Approval Date: 23 Aug 2007
Nationality: India
Labor Filing Date: 27 Sep 2002
Service Center: Texas Category: EB3
Application Mailed: 22 Jun 2007 USCIS Received Date: 26 Jun 2007
USCIS Notice Date: 03 Aug 2007 Filing Type: non-concurrent
I-140 Processing: regular I-140 Approval Date: 30 Mar 2006
Fingerprinting Date 1: 29 Aug 2007 Fingerprinting Date 2:
RFE: no RFE Reply Date:
Name Check Status: pending Name Check Approval/Denial Date: N/A
I-485 Status: pending Approval/Denial Date: N/A
Card Ordered Date: Card Received Date:
EAD Applied: yes AP Applied: yes
EAD Approval Date: 16 Aug 2007 AP Approval Date: 23 Aug 2007
Nationality: India
aubGC
03-19 09:24 AM
I think, you need 3 latest paystubs for your H1B transfer to another employer..
Please check with attorney for confirmation...Good Luck to you
Please check with attorney for confirmation...Good Luck to you
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raviram1980
01-15 01:19 PM
Thanks a lot for your reply and to everyone else who replied to my thread
valuablehurdle
06-19 11:24 AM
A quick question:
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
sheela
08-06 06:49 PM
I have LUD on 140 for 7-13, on 485 application for 08-04
08/04 LUD on your I485 should be for approval. What does the message read?
08/04 LUD on your I485 should be for approval. What does the message read?
masterji
07-21 08:21 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
Ann Ruben
04-20 05:44 PM
Yes to both questions. You should also submit the fee rec't for the cos.
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