go_getter007
12-12 07:53 PM
Could you please throw some light?
GG_007
Fellow IV members who have their GCs approved and some of those who are still waiting:
I have a few questions on how my brand new GC will help me in my situation..
My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.
Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...
What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?
Thanks for your inputs
GG_007
Fellow IV members who have their GCs approved and some of those who are still waiting:
I have a few questions on how my brand new GC will help me in my situation..
My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.
Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...
What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?
Thanks for your inputs
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saketkapur
07-06 02:46 PM
Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.
I am now with a different employer and using my EAD since May this year.
Hope this helps......
I am now with a different employer and using my EAD since May this year.
Hope this helps......
gc_check
01-16 10:58 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
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ashkam
12-03 04:46 PM
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
more...
kate123
06-17 01:06 PM
It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.
If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.
In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)
PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..
It is illegal to derive income by selling iphone apps.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.
In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)
PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..
It is illegal to derive income by selling iphone apps.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
akhilmahajan
04-30 06:30 PM
If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,
is it like something random, or USCIS holds a lottery ............. i am just curious........
is it like something random, or USCIS holds a lottery ............. i am just curious........
more...
RedHat
08-30 05:01 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
I field my GC thru Very good company.
I am not understanding why its happend
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rb_248
10-19 04:58 PM
Friends,
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
more...
Project_A
10-27 09:23 AM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
hair Jennifer Lopez has gotten
ndbhatt
02-07 12:34 AM
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
more...
satyasaich
12-03 04:37 PM
Very useful information and thanks for sharing.
Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
Good to know
Satya
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
Good to know
Satya
Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.
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Jerrome
11-21 03:31 PM
you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.
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radhagd
03-09 04:05 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
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WeShallOvercome
08-01 05:23 PM
Bump!!
Old filing fee and form if filed by 8/17
No negative side other than a few days delay for them to match it up against your I-485
Old filing fee and form if filed by 8/17
No negative side other than a few days delay for them to match it up against your I-485
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bsbawa10
11-04 09:28 AM
(Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
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mheggade
01-08 08:36 AM
I hear SAP Functional jobs are very short term though you make good money. Some companies want you to be ready for 100% travel.
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skark
02-24 02:35 PM
I thought someone here said that if your spouse got a new SSN via EAD and files tax jointly with this new SSN then one cannot efile and needs to paper file it. It appears that TaxCut is allowing one to eFile in this circumstance. Anyone else done it?
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arukala
01-30 12:33 AM
Thank You so much TwinkleM for your answers
-Ravi
-Ravi
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sreeanne
11-21 03:36 PM
You can contact USCIS and you wont be out of status based on the fact that you dont have I-94 with you. Your information will be in their systems showing that your stay is legal. I think they will issue duplicate I-94 for you.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
ChainReaction
04-02 04:09 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
Thanks a_yaja for UR reply :)
Thanks a_yaja for UR reply :)
mrane1
11-05 02:32 AM
I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.
-sundar
Unfortunately it will be a long wait, unless your PD is 2003 or prior... I doubt there will be another July type fiasco... However, with USCIS you can never predict... so no harm in hoping... But be prepared for long haul!
-sundar
Unfortunately it will be a long wait, unless your PD is 2003 or prior... I doubt there will be another July type fiasco... However, with USCIS you can never predict... so no harm in hoping... But be prepared for long haul!
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