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  • sertasheep
    06-24 03:21 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

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  • chantu
    11-08 11:53 AM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.

    You are a typical Indian Secular person (dhimmi).

    HAPPY DIWALI to ALL (to people of all nationalities, religions, race, color).

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  • gcwait2007
    07-04 12:11 PM
    As long as you had an I-140 approved earlier and 180 days crossed after the RD of I-485, you are safe to move on to a new job using AC21 portability. Even if your ex-employer withdraws the support for the approved I-140, your I-485 would not denied and it would be considered on its own merits.

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  • redcard
    08-16 12:20 PM
    Can we get the copy of I-140 Approval Notice under the Freedom Of Independence Act (FOIA)? If so, please advise the way to do it.

    My Details are:

    EB2-India-PD-Dec2005-Perm-I 140 Approved in May2006

    Thanks in advance for the help.

    Its Freedom of Information Act.. and yes you can refer to this link..



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  • srikondoji
    04-26 05:10 PM
    Now my friends living in other states facing similar problems have come to know about this coordinated effort and will likely contriute.
    We are soon going to have a weekend discussion group and see what we has a group can do.
    Great job.

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  • mpadapa
    08-22 03:29 PM
    What franklin guesstimated is about right..

    Also there are lots of folks who jumped ahead by switching to EB2 from EB3 and ported their PD's. Those ppl will get GC before U man.

    With out legislative help EB3 (india) will be stuck at 01 of quite a while. I heard on another thread the AILA predicts the oct bulletin would be the same as Jan 07!! Go figure how long you have to wait..

    I too am in the same boat:D:D


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  • WaldenPond
    02-24 03:58 PM
    arihant & wellwishergc

    Thank You for continued support. You make Immigration Voice an organization.

    diesel, abhikal & wrldnw4me,

    Welcome and Thank you for the support and contribution. Please encourage your friends to join this effort.

    Please feel free to call us at anytime at (281) 576-7185.


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  • ras
    07-26 05:11 PM
    After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)

    Specifically in the following category:

    1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?

    2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?

    3. Bank Accounts next steps

    4. Credits Credit Cards. What are the precautions one needs to take care of?

    Any other thoughts....


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  • aadimanav
    08-22 12:21 PM
    just a routine bump

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  • gceverywhere
    03-19 03:15 PM
    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.

    I Agree but then again, we have to realize that this is a loop. Maybe it's a matter of IV proposing a campaign specifically for EB3 I and then see what kind of money pours in for that campaign.

    I have contributed in terms of time and money and do believe in what we do through IV. I also know that WE are IV. So don't take my message in the wrong way


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  • onemorecame
    01-15 03:51 PM
    Did you start your own company now?
    what is diff between llc and s-corp and which one is good to start?

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  • saileshdude
    08-11 07:37 AM
    But is it legal for them to post it in its entirety before DOS does?

    Did someone try to call the number listed in the bulletin as it says that the cut-off dates are available on the phone too. I tried that and it is still saying Aug bulletin.


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  • felix31
    02-28 12:27 AM
    I am setting up for the transfer of my second contribution...

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  • hindichinibhaibhai
    04-03 09:26 PM
    What will we do after we get our green cards? No more bulletins to watch for? No more green card dreams... Enjoy it while you can... Maybe we can start some kind of a betting system going with these visa dates predictions... Its so much more exciting than betting on college basketball.

    (I'm kidding.)


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  • forgerator
    05-06 12:36 PM

    I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.

    I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.

    My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.


    Seems like your end goal is to get GC, have you considered option of waiting for your son to become 18 so that he can sponsor you for GC? That might be an even faster option than EB2, considering the current backlog.

    This is of course assuming that your son is a US citizen.

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  • gcdesirer
    08-27 09:02 AM
    Same to you. Do you have any update on your case or do you know the status of your case?

    No movement.... No FP notice (not sure if it is good or bad).. Is there anyone who got GC recently without a second FP notice (After 15 months)....??

    in short, No clue :(


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  • newuser
    09-22 04:05 PM
    Called the last 10 no's.

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  • MerciesOfInjustices
    04-26 06:50 AM
    Here is the link: http://www.washingtonpost.com/wp-dyn/content/article/2006/04/25/AR2006042501963.html

    Skilled Immigrants Turn to K Street
    High-Tech Workers Awaiting Green Cards Hire Lobbyists, Hit the Hill

    By S. Mitra Kalita
    Washington Post Staff Writer
    Wednesday, April 26, 2006; Page D01

    On the December day when Congress killed a budget amendment that might have allowed him to become an American a little sooner, Aman Kapoor started a movement.

    It is a great and very truthful piece - also comes at the right time! Maybe the 'pre-conferees' will read this!
    This is a major, major advancement in exposure for IV!

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  • newbie2020
    09-08 10:31 AM
    Generally most companies are comfortable doing a 1099 on Corp to Corp than doing a 1099 with an individual. In both cases it is 1099 and company pays $$ as agreed.

    There is one major difference why companies want to do business with consulting firms rather than individuals as the perception is when doing business with a firm as opposed to individual you deal with so many people (not just one) who share the responsibilities. If for some reason things don't work with the consultant the company can request the consulting firm to provide substitute so on so forth.

    Also firms are perceived financially Strong, can afford $3M+ insurance (just in case something goes wrong) while individual may not be in similar position

    it is always better to go with a Consulting firm rather than going individually (Pros certainly outweigh all the cons)

    If you have a GC you can incorporate your own company and work ( If you are ready to take additional headache, If not better work for a consulting firm)

    05-13 03:00 PM
    You are talking about getting GC. My position is that I am just waiting it to be MARCH 2005 just to file for my 485. My job requires EB2 but attorney filed it in EB3 and now doesnt want to re-apply EB2. You all are better than my position. Been here for more than 8 years but still dont have EAD.

    Michael chertoff
    04-21 07:38 PM
    Dont worry, I am sure, being the feminist he is, he wont mind :)

    I dont disrespect females...anything wrong with that?