pmb76
07-17 09:55 PM
Thanks all. I read the petition and I think it is great work. Yes, we need to send messages like this as a group.
Allow me to quote from the petition:
"It is required by law to pay an H1-B a minimum of $40000. "
I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?
Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.
Thanks again.
http://www.techlawjournal.com/cong106/h1b/hr4227ih.htm
Please read section 201
"(ii) is offering and will offer during the period of authorized employment to H-1B nonimmigrants wages that are at least equal to an annual salary of $40,000 (including cash bonuses and similar compensation), except if the employer is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization, and".
Allow me to quote from the petition:
"It is required by law to pay an H1-B a minimum of $40000. "
I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?
Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.
Thanks again.
http://www.techlawjournal.com/cong106/h1b/hr4227ih.htm
Please read section 201
"(ii) is offering and will offer during the period of authorized employment to H-1B nonimmigrants wages that are at least equal to an annual salary of $40,000 (including cash bonuses and similar compensation), except if the employer is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization, and".
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snathan
04-27 11:47 PM
Agreed that this will throw out all the crappy body shoppers. This is what we need in future not to make it difficult for future h1-b or other people. We should infact support this bill as this will weed out many Indian Body shoppers and benefit everyone.
This is nothing new but most of it is just implementing what is already in low. Thats my take on it.
Throw your GC and become H1...then you will understand the meaning of this bill
This is nothing new but most of it is just implementing what is already in low. Thats my take on it.
Throw your GC and become H1...then you will understand the meaning of this bill
gc28262
03-10 04:45 PM
One of the IV members has requested me to post this info.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
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pappu
04-19 01:51 PM
long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?
Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.
Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.
more...
priti8888
07-25 01:07 AM
Ok, with the latest developements, I have applied for my 485, EAD and AP this week. My current H1 expires in June 2008.
If I get married before June 2008, I can still bring my wife to US on dependent (H4) visa. My question is, for my wife
to be able to file for 485 then, do the visa numbers have to be current at that time? And if they do, and say the numbers are not current at that time, and then my H1 expires come June 08, will she be out of status and can she remain in US? What are our options then? How does this work??
Can anyone explain PLEASE? :confused:
Thanks!
u can keep renewing your H-1 as long as your 485 has been pending for more then 180 days.(someone corect me if i am wrong).Once u get ure recipt number ure status changes to "485 pending" and can be on h-1 as long as ure GC is approved.No matter when u get married your wife will not be out of status-so its a good decision that u applied.
If I get married before June 2008, I can still bring my wife to US on dependent (H4) visa. My question is, for my wife
to be able to file for 485 then, do the visa numbers have to be current at that time? And if they do, and say the numbers are not current at that time, and then my H1 expires come June 08, will she be out of status and can she remain in US? What are our options then? How does this work??
Can anyone explain PLEASE? :confused:
Thanks!
u can keep renewing your H-1 as long as your 485 has been pending for more then 180 days.(someone corect me if i am wrong).Once u get ure recipt number ure status changes to "485 pending" and can be on h-1 as long as ure GC is approved.No matter when u get married your wife will not be out of status-so its a good decision that u applied.
poorslumdog
05-14 01:03 PM
LOL.. nitin...whoever yo uare... you are a piece of work..I feel sorry for you..
May be peice of art work...:D
He is moving/moved to Canada and preaching us to go back to India. What kind of loser..:cool:
May be peice of art work...:D
He is moving/moved to Canada and preaching us to go back to India. What kind of loser..:cool:
more...
sfcwtu
09-17 01:01 PM
sfcwtu: "when you say she did withdraw" what do you mean? did she withdraw 6020?
I am not sure now. Lofgren mentioned something about withdrawing her bill. But the vote for an amendment went on after. someone explain?
It's in recession now. The chair said he hope he could move things expeditiously when meeting resumes.
I am not sure now. Lofgren mentioned something about withdrawing her bill. But the vote for an amendment went on after. someone explain?
It's in recession now. The chair said he hope he could move things expeditiously when meeting resumes.
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Green.Tech
06-05 10:25 PM
Folks - Our strength in numbers is going to matter in the end. 40 people calling the representatives is not going to cut it. We need all the registered members to come forward at this time and make these ever important calls. The whole process does not take more than 10 minutes. People in these offices are really nice and easy to talk to. They will note down your message and pass it on to the representatives. Most of them are not even asking for your name or phone number or address.
For all those who are content with EAD's or not content with EAD's, ffor all those who want to switch jobs or careers and can't, for all those who want to get GC's sooner than later, each one of us needs to stand up for himself/herself because if you don't, no one else will.
Please pick up the phones and let your voices be heard!
For all those who are content with EAD's or not content with EAD's, ffor all those who want to switch jobs or careers and can't, for all those who want to get GC's sooner than later, each one of us needs to stand up for himself/herself because if you don't, no one else will.
Please pick up the phones and let your voices be heard!
more...
GC_ASP
06-14 08:33 AM
bump
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shirish
09-17 11:25 AM
Its almost 11:30 am . I guess lunch time in 10 mins :(
more...
DesiGuy
09-17 12:15 PM
Does voting "Aye" mean yes? And the silent means "Pass"?
correct.
aye = yes
some weren't present, some specifically said 'pass'
correct.
aye = yes
some weren't present, some specifically said 'pass'
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sledge_hammer
07-18 11:05 AM
You mean EAD, not AP, right? AP can be used in conjunction with EAD.
Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.
Am I right, friends?
After you apply for AP its only 1 year H1 increments.
Also, you can file for both EAD and AP and not use it. Just having the two will not force you to have 1 year extenstions. You can still get 3 year extensions if you don't use EAD and AP.
Am I right, friends?
After you apply for AP its only 1 year H1 increments.
more...
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chi_shark
11-25 11:01 AM
i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
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wawa
09-30 03:32 PM
Hey prince ...
just like my case...H1 transfer pending and case reopened on previous approved H1b....I would request everybody to keep an eye on all your H1 approvals, past and present, so that in case you guys have the same issue ..you can quickly search this tread for feedback....
Hi smartboy75/prince,
This reopened H1B case for me is a 7th year extention, I got it approved on Feb. 28 2006. I haven't received the mailed notice, maybe it would come Tuesday or Wednesday.
just like my case...H1 transfer pending and case reopened on previous approved H1b....I would request everybody to keep an eye on all your H1 approvals, past and present, so that in case you guys have the same issue ..you can quickly search this tread for feedback....
Hi smartboy75/prince,
This reopened H1B case for me is a 7th year extention, I got it approved on Feb. 28 2006. I haven't received the mailed notice, maybe it would come Tuesday or Wednesday.
more...
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B3NKobe
06-12 09:00 PM
Another awsom entry their gnu-, Looks very very nice!!
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shirish
02-05 04:44 PM
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
I agree to this to a certain extent, but along with "Spouse canot work" the other issue is getting tied to an employer and getting exploited as a result of that.
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
I agree to this to a certain extent, but along with "Spouse canot work" the other issue is getting tied to an employer and getting exploited as a result of that.
more...
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paskal
05-24 10:03 PM
Doesnt consulting clause remove most of the Indian companies from the picture anyways?
only time will tell...
only time will tell...
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grupak
06-11 11:46 AM
^^^^
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grupak
06-13 01:08 PM
Hi Will Win
Don't you think if the EB system here was fixed, IV would have been able to focus on CP ?
We all need to stick together to help each other.
Thanks
There is an even a more direct benefit here I think. If the bills pass, dates move forward for everyone both AOS and CP.
Don't you think if the EB system here was fixed, IV would have been able to focus on CP ?
We all need to stick together to help each other.
Thanks
There is an even a more direct benefit here I think. If the bills pass, dates move forward for everyone both AOS and CP.
natrajs
09-23 09:29 PM
Recd the cards today (9/23/09)
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
SGP
03-31 02:08 PM
$$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
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