eb2waiter
05-14 03:05 PM
you are right. People in such situations are hesitant. But the important thing to know is you have all the rights as would a citizen or PR, to fight illegal actions.
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hmehta
10-16 06:25 PM
Probably your lawyer is correct that you cannot take advantage of family leave (maternity act) with less number of employees in the company than required for that.
From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.
Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.
Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
drona
10-05 07:07 PM
I have sent another email to the editor. Although they have provided an "Amplification" section under this article that says that the item wasn’t intended to imply high-skilled workers are illegal immigrants, the paragraph in which they report the poll result on illegal immigration went under the bold heading "High-Tech Employers". They should either correct this paragraph to exclude any mention of illegal immigration or change the bold heading to a more appropriate general heading on immigration issues.
To their credit, the editor has added a comment for further reading on the legal limbo faced by foreign-born scientists from a page one story written last year.
http://online.wsj.com/article/SB115135331760891063.html
To their credit, the editor has added a comment for further reading on the legal limbo faced by foreign-born scientists from a page one story written last year.
http://online.wsj.com/article/SB115135331760891063.html
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Macaca
04-13 01:33 PM
Some paras from U-Va. Receives Largest Gift in School History (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/12/AR2007041202270.html), Friday, April 13, 2007
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
more...
miguy
05-18 11:47 AM
I opted for the CP option as well. My I-140 was approved in Oct 06 and thats when my attorney received the package for Consular processing from NVC.
Although my PD is not current yet, my lawyer asked me to pay the fees so that they can send the packet back to NVC. I am not sure what to do as my PD is not current yet.
Although my PD is not current yet, my lawyer asked me to pay the fees so that they can send the packet back to NVC. I am not sure what to do as my PD is not current yet.
partha_vus
06-13 04:58 PM
Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
more...
Thackeray61
08-08 08:25 PM
Where are the members here? Why did this discussion has discontinued? I want to learn more about the basic steps in running a company since I'm still a newbie here.
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hunkuncontrolled
04-01 04:41 PM
I haven't applied for green card yet. Is IV only for GC purposes or it addresses other issues too which makes life of H1b holder hell?
more...
Edison99
05-07 10:29 AM
Great effort Pappu!
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vsrinir
09-23 01:13 PM
http://judiciary.house.gov/hearings/calendar.html
more...
long_waitgc
03-19 11:06 AM
Instead of fighting EB3 or EB2, can we throw up this idea -
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
Whatever be the priority date - whether EB2 or EB3, a person should submit proof of filing Income Tax from the time they were in US. This way a person who came in 2001 and filed for labour in say 2002 under EB3 - will have higher priority (provided he/she submits Tax filing proof for 8 years) than a person under EB2 with 2006 priority date and filed taxes only for say -4 years. (or the same person who moved from EB3 to EB2 can also benefit from this) i.e. the priority should be determined based on how much a person has contributed to US economy. For the Govt. to generate some money, all GC applicants can be asked to pay a small fee(say $100 per applicant) to IRS to get proof of filing income tax returns.
Just my 2 cents.
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unitednations
08-16 01:36 PM
I personally think that 6 month rule-of-thumb is nonsense.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
more...
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javadeveloper
12-31 04:54 PM
That's your conclusion , You are comfortable with word "nature" Some like to call it "god" , Some like to call "Bhagwan" Some like to call it "Jesus" Some like to call it "Allah", Some "Buddha", Some "Guru nanak"
Same goal different Name
OK my conclusion:nature exists but not GOD.
For you
it's nature = GOD
I mean
nature = Rama/Krishna etc..(If you are a Hindu)
nature = Jesus(If you are a christian)
nature = Allah(If you are a Muslim)
.
.
.
Same goal different Name
OK my conclusion:nature exists but not GOD.
For you
it's nature = GOD
I mean
nature = Rama/Krishna etc..(If you are a Hindu)
nature = Jesus(If you are a christian)
nature = Allah(If you are a Muslim)
.
.
.
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bhatt
05-29 02:01 PM
why ? ask your kids to do same and see what you feel on that night. can your kids do same ? forget about torturing or anything for a moment. Didn't you see Nupur Lala a past winner where she is now ? if she was torture for that competition she would n't be in MIT. its a competition of brain power to me.
I will never ask them to participate in the Spelling beeeeeee. Also I won't never compell my kids to always study study and Read books... . But I will encourage them to participate in extra curricular acitivities too. Please note that getting in MIT or IIT or getting a GC is not life. Let the kids enjoy their life
I will never ask them to participate in the Spelling beeeeeee. Also I won't never compell my kids to always study study and Read books... . But I will encourage them to participate in extra curricular acitivities too. Please note that getting in MIT or IIT or getting a GC is not life. Let the kids enjoy their life
more...
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abhijitp
03-11 03:57 PM
Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.
We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)
Folks just need to decide: what's more preferable? Slower of faster?
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.
We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)
Folks just need to decide: what's more preferable? Slower of faster?
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H1B-GC
10-02 12:02 PM
Do we really need to pay NRI Fees in Schools or colleges with PIO card? I thought otherwise. This does apply to an OCI card holder as well?
more...
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vgayalu
03-02 07:38 PM
After my contribution I asked two more friends to contribute at least for small amounts.One contributed $200- 00. The other one also promised .
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
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alterego
02-01 02:13 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
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drona
10-05 11:32 PM
Macaca, don't get me started on your name and forum habits :)
I wish they hadn't closed the blog, I wanted to post on there. I don't see any posts on the link you have provided for the H2B blog on WSJ. Am I looking in the right place?
I wish they hadn't closed the blog, I wanted to post on there. I don't see any posts on the link you have provided for the H2B blog on WSJ. Am I looking in the right place?
docwa
08-05 01:41 PM
Yes, Its the same number, but at one of the prompts, you need to put a different number for LIN.
frostrated
10-01 11:52 PM
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
My kid was in India for more than 6 months. We took him to the comissioner's office and registered him. You need to take a couple of passport photos, the PIO card, and the foreign passport. They will issue you a letter that states that the child is allowed to stay beyond six months. The letter that we got is valid for two years. We were told that if the child stays beyond the date of the validity date in the letter, then to come and get a new letter. The whole process took about two hours. BTW, this was in Hyderabad.
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
My kid was in India for more than 6 months. We took him to the comissioner's office and registered him. You need to take a couple of passport photos, the PIO card, and the foreign passport. They will issue you a letter that states that the child is allowed to stay beyond six months. The letter that we got is valid for two years. We were told that if the child stays beyond the date of the validity date in the letter, then to come and get a new letter. The whole process took about two hours. BTW, this was in Hyderabad.
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