Capture The Art Blog's

This is not an " go as you like" game in some 3rd world lawless Immigration Dept.... As long as we have Provided Initial evidence and you have Proof of that - who will dare to reject your case under the current legislations ??

Now what they can do is Probably re-define the word "Initial Evidence" and overload it little more. That wont even matter because your/mine "IE" should be taken from the Doc that was in place during July 2nd - Right ??

What do you say ??

nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!

Asian,
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.

Hello folks -

I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

Do you think showing business income on form 1040 will have any impact on the processing of I-485?

Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

Thank you!

What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil

If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


____________________
Not a legal advice
US citizen of Indian origin

Does anyone know if it is easier to get medical residency on EAD as opposed to H1/J1 or are you considered in the same boat as H1/J1 applicants?

thanks

... If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don’t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)

Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.

Hi antony,

Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.

Is there something that another member on the forum can do to help antony?

Thank you for speaking up for yourself and the community.



I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?

Wow! No-tec, thats pretty **** sweet. Have any links you could give me to make thrill ISH like that, ya know, like tutorials!

Good news..But, let us not stop our campaign until we hear something concrete from USCIS.

Hello,
Does anyone have any suggestions ?
Thank you...

Case 2:

I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?

The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.

Then they have 2 choices:

1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)


2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.

thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

I cannot find the status online or on the phone. I get the same message. They don't give info to the beneficiary. So attorney called and after spending 30 mins on the phone they were able to locate my I140. He said that once they put it online they will sent an email. This was few weeks ago and still nothing happened. But my employer received a letter from Nebraska stating that attorney or someone called to find the status of the I140 and that it will take some days(I don't remember the exact number as I know that it will take much longer than what they specified) to process this case.

There are so many people who are in this situation.

Hope this helps.

It means that if your PD is current, your application has a fair chance of having been processed.

If the PD is not current, it doesn't mean anything.

Hello folks -

I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

Do you think showing business income on form 1040 will have any impact on the processing of I-485?

Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

Thank you!

What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...

India is in the process of having social security agreements with France and Germany.

http://in.news.yahoo.com/139/20080930/874/twl-india-france-ink-social-security-pac.html

http://in.news.yahoo.com/43/20081008/812/tnl-india-germany-sign-social-security-a_1.html

Don't know about anything with the US happening anytime soon. But it would definitely help those who worked here contributed to the one-way SSA pool and left before 10 years.They never got to have the social security benefits. If work visas are made available relatively easily and job openings go up in these countries, people would prefer going to these countries rather than to the US.

I did B.E in Computer Science Engg, 4 yrs Course.

I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

That's all i know at this moment. I don't know whom to trust at this point.

When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card

AILA Leadership Has Just Posted the Following:


Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)

fittan,
Thanks for your reply.

But i dont have any application pending with USCIS.
My I-140 is pending but that belongs to my employer,correct?
So I am confused if I should use InfoPass or not.

LT

Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.