krupa
07-10 09:00 AM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
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pvganesh
10-28 01:17 AM
Thanks again for your advice..
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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priderock
09-01 05:51 PM
Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
more...
drona
08-27 06:01 PM
You can take 1 day off. Leave early morning on Tue to reach the rally. With all the big issues being discussed in Washington every week, we only have a tiny slot. This is our chance to be heard. Join the rally.
greenguru
03-04 06:57 PM
Hi saratswain,
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
more...
kirupa
12-02 04:58 PM
Congrats Phat :) I will have these entries added to the kirupaLab sometime by the end of this week!
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Canadian_Dream
09-25 12:41 PM
A real life example of libel lawsuit:
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
more...
ghost
06-22 03:25 PM
Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
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jliechty
January 31st, 2005, 12:45 AM
IMHO, Father & Son "feels" better, while Solitary Fisherman would be the best technically if it were cropped tighter (moreso on the left and top, being careful on the latter to avoid centering him or getting him high in the frame). To me, the rest of the shots have too much distracting material in the background (including Solitary #2, though that one is not as bad as the others, and the distracting element could be "solved" in Photoshop if the contest allows this ;)).
Edit to add more thoughts: If anyone tells you that you suck, keep practicing and prove them wrong (they're probably jealous anyway because they're even worse). I still have trouble with distracting backgrounds - that's probably the most frequent reason I send frames to the circular file, after technical errors (exposure, focus, etc.). Practice, not hundreds or thousands of frames per day of thoughtless practice, but concentrated, thoughtful practice, engaging the mind and paying attention to what's in the viewfinder (and what isn't, and what shouldn't be), is the way to improve. :)
Edit to add more thoughts: If anyone tells you that you suck, keep practicing and prove them wrong (they're probably jealous anyway because they're even worse). I still have trouble with distracting backgrounds - that's probably the most frequent reason I send frames to the circular file, after technical errors (exposure, focus, etc.). Practice, not hundreds or thousands of frames per day of thoughtless practice, but concentrated, thoughtful practice, engaging the mind and paying attention to what's in the viewfinder (and what isn't, and what shouldn't be), is the way to improve. :)
more...
BECsufferer
08-19 02:49 PM
ok, you guys win. He is indeed from India. So what?
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
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rheoretro
09-25 09:26 PM
I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
You bring up an excellent point, Dixie! Don't get me wrong, folks. Rajiv is an eminent journalist, whose articles I read regularly here in DC - I read the Post every day. But he doesn't write about these issues.
The reason why I pointed out the fact Rajiv isn't Indian, but his parents are (though he is definitely of Indian heritage) is precisely what Dixie says. Someone who hasn't had to struggle to legally put his/her feet down here in this country, may not necessarily empathize with us. There are exceptions, though; many notable exceptions!
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
You bring up an excellent point, Dixie! Don't get me wrong, folks. Rajiv is an eminent journalist, whose articles I read regularly here in DC - I read the Post every day. But he doesn't write about these issues.
The reason why I pointed out the fact Rajiv isn't Indian, but his parents are (though he is definitely of Indian heritage) is precisely what Dixie says. Someone who hasn't had to struggle to legally put his/her feet down here in this country, may not necessarily empathize with us. There are exceptions, though; many notable exceptions!
more...
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pd_recapturing
07-10 06:47 AM
Is there any advantage of submitting I-485 application now except to become plantiff in law suit?
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tnite
07-19 10:18 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
more...
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reddog
07-13 04:24 PM
Thanks for all who replied...
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.
And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.
While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.
In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Once while coming back from from Mumbai via Delhi, we did not have to change the flights, sat in the same flight to London.
And on other occasion where the connecting flight was Sahara to a Local Indian airport, we had to take our luggage and go to the Delhi domestic airport.
While in both cases, the Airline would arrange for the transport, Delhi has an inside route for passenger transfers(other vehicles are not allowed), while in bombay the bus goes thru the city, where the traffic is always severe.
In both the airports, if you are landing in the late morning (after 3-4am), you should follow up with the local airlines transport co-ordinator( bus driver ;)), to see what time is he gonna wake up and take you to the domestic airport.
Once when my inlaws were transferring from Bombay local to bombay international, they took a cab instead, as Jet airways did not have a bus ready to take the international passengers when they got out of the airport.
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wandmaker
11-05 09:53 AM
I am also in a similar boat - I have received all the receipt notices except my wife's AOS. My wife has received EAD and FP, waiting for the AP. My lawyer suggested to wait for 30 calendar days, after which he is going to initiate a service request for duplicate notice. I will repost, if I get any updates.
more...
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waitingGC
03-09 08:47 AM
It says India took a total of 41254 visas, but if you total the columns including family pref it comes to 32030. What am I missing?? Anyway how does it matter...
Did you add up the visas issued in Indian?
Did you add up the visas issued in Indian?
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sukhyani
11-08 05:51 PM
... from Texas :)
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eastindia
11-16 02:05 PM
Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!
I agree.
I agree.
knowDOL
08-04 09:50 AM
Are you trying to substitue this LC that requires BS + 3-5 years or MS + 2 years? If so, and if you have not got answer to your question, the job requirements you posted qualify only for EB3 and not EB2 though you have MS. The labor should either Ask MS + 0-5 years or BS + 5 years to be qualified as EB2. EB2 and EB3 category does not depend on what you possess and only depends on what the job requirement is. So, BS + 3-5 years means BS + 3 years is also acceptable, so it goes into EB3.
and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
kishore0302
08-06 04:53 PM
DDash ,
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
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