Macaca
11-07 01:17 PM
There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
... for they know that they don't have to pay people on bench, even though by law they are supposed to ...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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rvendra
10-27 11:59 AM
Hello Everybody,
In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
I really appreciate your response.
I 485 EB 2 Priority date Dec 2003
Filed in TSC in August 2007
Thank you,
Raj
In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
I really appreciate your response.
I 485 EB 2 Priority date Dec 2003
Filed in TSC in August 2007
Thank you,
Raj
anzerraja
07-19 06:36 PM
Thanks very much !
Will DO...Just gimme some time.
Will DO...Just gimme some time.
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gaz
09-17 01:47 PM
roll call going on
OOPS, we need an amendment to change the effective date, Damn.
OOPS, we need an amendment to change the effective date, Damn.
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trueguy
11-04 12:59 PM
Feb 2003!
I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...
Below is purely my speculation!
Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...
10k per year allotted so 10 years to reach June 2003 :confused:
I hope my calcs are wrong! God Bless us!
Guys: This is just for EB3-India category.
I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...
Below is purely my speculation!
Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...
10k per year allotted so 10 years to reach June 2003 :confused:
I hope my calcs are wrong! God Bless us!
Guys: This is just for EB3-India category.
anzerraja
07-20 09:34 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.
If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
more...
tonyHK12
04-20 06:47 PM
Congrats. Keep those boots hanged up :)
Like I said I have never attacked anybody first, unless I was provoked.
Like I said I have never attacked anybody first, unless I was provoked.
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cpolisetti
04-18 01:30 PM
I don't understand why so many are not coming forward for contributions. It is just 25 dollars. This is way less than what you have to pay for EAD/AP renewal or nothing compare to if the applicant and spouse are able to apply i485 during the retrogression, then the spouses will get EAD faster and they can earn lot more than 25 dollars within an hour. In all respects this will be the best solution if we can accomplish this. It will be easy only when we are all united and behind such a wonderful group of IV members.
I also request everyone to post a message after you contribute. This will keep this posting on top and motivate more people to do the same.
I Have done my part of contribution .
I also request everyone to post a message after you contribute. This will keep this posting on top and motivate more people to do the same.
I Have done my part of contribution .
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chanduv23
03-31 07:54 AM
Received one today.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
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jkays94
05-25 02:35 PM
So please ask for your rights but remember you are in their country, nobody forced you to come here, and beggars can't be choosers.
Not everyone is an economic refugee and it should never be assumed to be the case or status quo. We pay taxes just like everyone else while some invest here and have a right to be represented by whomever makes decisions in congress besides we do pay taxes that goes towards their salaries and maintaining congressional offices. What would the US be like if the founders of immigrant founded or co-founded companies had decided to found their companies in other countries ? What if Google, Ebay, Intel were Russian, French or Hungarian companies instead ? Your point is not lost though, immigration is a priviledge not a right. If they deny us this priviledge we shall reluctantly leave but it should not assumed that we shall be the one's to suffer instead this economy will feel that impact. This is a global economy with many opportunities out there.
I wonder if the bashers of the H1-B program knew that :
More than 82,000 U.S. workers and professionals have completed training through programs funded by the H-1B fees as of December 31, 2005, according to the Department of Labor Employment and Training Administration. In addition, the Bush Administration recently has used the H-1B fees to provide multi-year grants to communities for training and economic revitalization. Through the WIRED (Workforce Innovation in Regional Economic Development) initiative, the U.S. Department of Labor is providing $195 million in grants to thirteen regional economies.
or that :
The H-1B fees paid by companies have funded more than 40,000 scholarships for U.S. students in math and science through the National Science Foundation. The fees obtained from employers have also funded hands-on science programs for 80,000 middle and high school students and 3,700 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.
Not everyone is an economic refugee and it should never be assumed to be the case or status quo. We pay taxes just like everyone else while some invest here and have a right to be represented by whomever makes decisions in congress besides we do pay taxes that goes towards their salaries and maintaining congressional offices. What would the US be like if the founders of immigrant founded or co-founded companies had decided to found their companies in other countries ? What if Google, Ebay, Intel were Russian, French or Hungarian companies instead ? Your point is not lost though, immigration is a priviledge not a right. If they deny us this priviledge we shall reluctantly leave but it should not assumed that we shall be the one's to suffer instead this economy will feel that impact. This is a global economy with many opportunities out there.
I wonder if the bashers of the H1-B program knew that :
More than 82,000 U.S. workers and professionals have completed training through programs funded by the H-1B fees as of December 31, 2005, according to the Department of Labor Employment and Training Administration. In addition, the Bush Administration recently has used the H-1B fees to provide multi-year grants to communities for training and economic revitalization. Through the WIRED (Workforce Innovation in Regional Economic Development) initiative, the U.S. Department of Labor is providing $195 million in grants to thirteen regional economies.
or that :
The H-1B fees paid by companies have funded more than 40,000 scholarships for U.S. students in math and science through the National Science Foundation. The fees obtained from employers have also funded hands-on science programs for 80,000 middle and high school students and 3,700 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.
more...
gchandu
01-19 08:39 AM
Hi snathan
Please count me in for money or time or anything to fight on this. Can you please point me or share me the infor on this new rule /memorandum of employer-employee relationship...
Thanks
Please count me in for money or time or anything to fight on this. Can you please point me or share me the infor on this new rule /memorandum of employer-employee relationship...
Thanks
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Ramba
11-13 05:35 PM
Hi Indyanguy,
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
more...
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rkg000
04-20 05:26 PM
Keep cribing all you want. EB3-EB2 upgrade is a reality and is here to stay
Wait till you anti upgraders see June 2011 bulletin :D:D:
Maybe EB3 2005 will clear from the system before E2 2008/9/10
'm glad you didn't mention 2006. :D
Wait till you anti upgraders see June 2011 bulletin :D:D:
Maybe EB3 2005 will clear from the system before E2 2008/9/10
'm glad you didn't mention 2006. :D
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purplehazea
02-06 11:14 AM
So How come all we hear from the core team is requests for contribution? There is no detail of any actions/efforts that are happening currently? It will certainly be more engaging for all members to at least know what efforts are being worked on currently? I think expectations need to work both ways otherwise you just have an autocratic organization that has to follow and do as the leaders choose to do. Just my 2 cents and all you frustrated folks please take a deep breath before jumping in.
more...
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GCSOON-Ihope
12-12 02:18 PM
Again, thank you all!
As a matter of fact, I am going back to France for 2 weeks next Sunday.
That's my first time there in 8 years...
I haven't told anybody yet about what happened recently.
They don't even know the whole story. Yes, all those years I had to lie, especially to my parents:I didn't want them to worry about me.
I was always saying: "I am fine, just fine.."
I am waiting for my friends and family to ask me the usual question:
"So, how come you don't have your GC yet? What are you doing?"
Then, I will have something to show them!
As a matter of fact, I am going back to France for 2 weeks next Sunday.
That's my first time there in 8 years...
I haven't told anybody yet about what happened recently.
They don't even know the whole story. Yes, all those years I had to lie, especially to my parents:I didn't want them to worry about me.
I was always saying: "I am fine, just fine.."
I am waiting for my friends and family to ask me the usual question:
"So, how come you don't have your GC yet? What are you doing?"
Then, I will have something to show them!
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SGP
04-19 02:49 PM
Congrats. Enjoy your freedom.
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deba
01-30 08:10 PM
Note: the question # keeps changing. Now it is #69, I wonder if it has something to do with the no of votes for each question.
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no538
10-27 12:34 PM
Hi,
We've received the approval notices last night around 5:30 PM CST for both myself and my wife.
Happy to get the GC after starting this process over 6 years ago.
GLTA.
FYI, Our Case Details:
Receipt Date: 07/12/2007
Notice Date: 09/07/2007
Priority Date: Nov 2003
Case Type: EB2, TSC
Congressman/Senator office enquiries: at least 10 enquiries over the last 2 years period.
Cheers,
Raghu
We've received the approval notices last night around 5:30 PM CST for both myself and my wife.
Happy to get the GC after starting this process over 6 years ago.
GLTA.
FYI, Our Case Details:
Receipt Date: 07/12/2007
Notice Date: 09/07/2007
Priority Date: Nov 2003
Case Type: EB2, TSC
Congressman/Senator office enquiries: at least 10 enquiries over the last 2 years period.
Cheers,
Raghu
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DSLStart
09-17 01:24 PM
Why not? I know Bill clinton was hooked up to some Indian restaurants in DC/NVA.
Decent Indian restaurants in DC?? Are you kidding me? :p
Decent Indian restaurants in DC?? Are you kidding me? :p
saileshdude
03-30 10:14 PM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
maristella61
02-27 08:02 PM
I have a labor certification approved in my name. Does all this mean that if this new law gets approved and I have not yet filed for I-140 I lose my labor and the possibility to file for I-140? Or would I still be able to file ? I am confused.:confused: