Thursday, June 16, 2011

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  • GCSOON-Ihope
    11-03 04:04 PM
    Hi,

    I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

    Thanks.

    Is medical coverage provided by the company to all other employees?
    If so, there is no reason why you should be denied coverage, H1 or not...
    Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
    Welcome to America.




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  • Hermione
    09-27 10:07 AM
    The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."

    I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.


    This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.




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  • sparky_jones
    10-05 10:49 AM
    Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
    No, this is basically the left arm of the government not knowing how the right arm does its business.




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  • dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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  • coopheal
    01-26 08:52 AM
    Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

    Your comment is deplorable. Any step for legal immigration will help you.
    Please focus on what is being done, instead of dividing the community.




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  • gcwait2007
    04-25 11:31 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.

    If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.

    If I were you, I would do the following:

    Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.

    Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.

    All the best in your new job! Good Luck



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  • immi2006
    10-09 07:11 PM
    Otherwise it is a time waste...

    I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.




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  • TexDBoy
    06-10 02:51 AM
    Are those requested documents not part of standard documentation when we submit our 485 application.
    My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....

    Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...



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  • kevinkris
    07-21 06:11 PM
    Open this thread in case if you get it..


    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far




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  • sayantan76
    12-07 06:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.
    I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)

    but as someone pointed out - let lawyers figure out the best strategy for each case.......



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  • pitha
    06-11 12:25 PM
    if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill




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  • txh1b
    08-18 11:31 AM
    What was the RFE about? You should not begin work for new employer as you do not qualify for H1b portability. Any employment prior to that has the risk of being considered unauthorized.



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  • amitjoey
    07-13 05:58 PM
    Alright.. I had the power (zee.. I am so powerful) to give you some reputation in IV society and I did that because you sound like a very nice person. :D

    Now go and do some good work for this society like donating money to IV or doing volunteer work.. something of that nature to build up more reputation. :D

    It's good to find humor in difficult times like yesterday and today. I have seen so many funny posts today that I have been laughing my head off despite the uncertainty surrounding VB fiasco.

    Thanks GCard_Dream




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  • haider420
    06-13 09:46 AM
    Yes you can.

    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!



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  • gc_on_demand
    05-22 10:18 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)


    I think after comment period with in week they publish rule in federal register.

    So at max by aug 15th they will make this rule.




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  • laborchic
    10-12 04:17 PM
    I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..

    My application is being processed at Texas..

    Not many people who have filed with me has recieved any notices as of yet..

    So dont worry guys we all should be fine..



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  • Templarian
    11-25 01:17 AM
    Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:

    Also, good to see people like Stargate and get that reference.




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  • jung.lee
    03-03 11:56 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    See the below linked forum post for a relevant discussion:

    http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4

    Also, see this document I posted on Scribd:

    http://www.scribd.com/doc/12822387/485vsH1b




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  • anandrajesh
    12-19 08:31 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.

    I'LL BE THERE




    pappu
    10-23 11:45 AM
    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

    Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.

    I will correct my post to be more specific.




    mps
    05-13 01:09 AM
    Well I was just thinking about it -

    1) Can we form a labor union?

    I think H1 worker has equal rights as any other native worker

    2) Other idea is to form a Credit union with multiple goals -

    a) Immigration reforms (funded by the Credit Union)
    b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
    c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.

    just my thoughts ...



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