zCool
04-10 09:59 PM
Hi I am really grateful to you all for responding to my problem. I have attached the agreement for your reference.
To Zcool,
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
You should not have quit the job under mere threat of lawsuit esp. when he did not have anything to hold over you anyways, In future, of course, just to be on safer side, send a back dated letter with your resignation and date it to your last working date for that employer that way your 12 month counter starts from that back date..
To Zcool,
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
You should not have quit the job under mere threat of lawsuit esp. when he did not have anything to hold over you anyways, In future, of course, just to be on safer side, send a back dated letter with your resignation and date it to your last working date for that employer that way your 12 month counter starts from that back date..
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kedar_007
11-07 01:37 PM
Folks. I am planning for India vacation this winter.
I have a quick question. Please let me know your opinions.
My H1B stamp expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
I have a quick question. Please let me know your opinions.
My H1B stamp expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
rb_248
09-10 06:23 PM
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
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lunatic
05-17 07:46 PM
got database?
:beam:
:beam:
more...
chaanakya
11-11 01:49 PM
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
Yes, that is how I am doing it. Although you lose the H4 status on the first day of work, legally speaking, you are admitted to the coutry (as an H4) instead of being "paroled" into the country (as an AP holder). Functionally, for an H4, there isnt much difference between the two but our lawyer says that being admitted versus paroled has different connotations in case there are ever removal proceedings initiated against you for any reason. That is why we insisted on having AP (for security) but using H visas for entry.
Yes, that is how I am doing it. Although you lose the H4 status on the first day of work, legally speaking, you are admitted to the coutry (as an H4) instead of being "paroled" into the country (as an AP holder). Functionally, for an H4, there isnt much difference between the two but our lawyer says that being admitted versus paroled has different connotations in case there are ever removal proceedings initiated against you for any reason. That is why we insisted on having AP (for security) but using H visas for entry.
meridiani.planum
03-03 01:51 PM
Thanks for starting this thread. I had completely forgotten about my passport expiring in Jun 2008. I have a question. Is it mandatory to fill name of spouse on the renewal form, if you are married. Let me know.
Thanks
no its not.
Thanks
no its not.
more...
smartboy75
07-09 11:20 AM
Some good news..if it infact becomes a reality...
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
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dixie
11-28 05:38 PM
7th year extension was instituted as part of AC21 - which was a major immigration package backed by the tech industry (somewhat like SKIL) including the provision to increase H1-B quota to 195K. Point being unless there is some powerful godfather for such a bill - whether it is big business or the pro-illegal alien lobby , congress is not going to prioritize some piecemeal legislation just to give us relief. Right now the tech industry is pushing hard for SKIL while the illegal alien lobby is pushing hard for CIR. Our best hope is to ride either of these bills .. and I am sure core team is always on the lookout for any other bills that we can possibly hitch on to. Just that its not all that easy to do.
I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...
I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...
more...
man-woman-and-gc
03-03 02:11 PM
i think "same or similar" job is common sense thing to keep in mind. You dont want to specialize in software architecture the switch to building construction architecture ;) also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what i mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
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conundrum
05-29 08:05 PM
way to go... What optimism!!!
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
more...
crojasm12
04-15 08:11 PM
I will next month. Using same/similar job. And also, my lawyer said that we do not need to send AC-21 letter to USCIS, wait for the RFE, if any. So don't worry and enjoy this small freedom.
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needhelp!
02-13 05:04 PM
Thank You.. Please also spread the message.
Thank you very much for posting this information. I am going to send this letter by hand written in next two days.
Thank you very much for posting this information. I am going to send this letter by hand written in next two days.
more...
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anilvt
09-21 10:03 AM
Relax I had the same issue and lawyer resolved the discrepeancy by showing the encashed cheques to USCIS. I got FP notice and going for FP nextweek.
Take it easy!
Just ask the lawyer to send the proof and money paid to uscis and ur good to go...
Take it easy!
Just ask the lawyer to send the proof and money paid to uscis and ur good to go...
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a_yaja
07-13 03:25 PM
Where is the August Bulletin? I am just tired of refreshing the VB archive for the August Bulltin.
more...
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Canadian_Dream
10-19 02:19 PM
You are making an assumption that an approved petition is an indication of a valid status for the entire duration of extension. This may or may not be true after the I-140 is revoked.
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
It is kind of dicey...If you are quick enough you can pull it off...
You can refer to some posts up above that some people have actually done it..
Especially if you are laid off you have not much to lose and try something ...
USCIS has traditionally not taken a hard line against H1B as far as I know...
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rc0878
09-20 09:07 AM
Please check my signature!!!!
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H4_losing_hope
02-07 02:05 PM
I think we need to be careful these kind of conversations aren't detrimental to the current campaign and to IV. I am new here, but I do also feel the drive that chanduv23 has and you know, sometimes you do feel like posting it everywhere and on your forehead. This backlog situation sometimes gets the better of us! I am all for organizing too, we need that. But I do sympathize with those who feel desperate to reach as many visitors as possible. There are still folk out there who would like to send their letter, let's encourage them and still be organized. I promise to keep my posts to threads already existing from now on. Thanks :)
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Dj-Studios
05-21 05:47 PM
Holly crap by some miracle I am actually almost done with my next one. It should challenge you to think about your next volley.:D
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kshitijnt
06-04 02:55 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Well he got his GC. Dont be jealous.
Congrats !
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Well he got his GC. Dont be jealous.
Congrats !
TO BE OR NO TO BE
04-19 09:13 AM
Lets see waht happens....
felix31
01-23 08:35 PM
Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
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