senthil1
02-04 12:58 PM
Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
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paskal
01-28 01:44 PM
rajuram,
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
indianindian2006
07-14 05:35 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
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logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
more...
illusions
03-18 10:32 AM
Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.
belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
more...
singhsa3
07-13 09:09 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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gk_2000
08-10 01:48 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
more...
manishcp
09-26 10:00 AM
All IV memeber show your support.
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bodhi_tree
06-06 01:59 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
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Ineedsleep
01-29 02:41 PM
at last something Im not embarassed to submit!! like the 25 line code contest :hugegrin:
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amar123
07-03 10:27 PM
No one is offended but you might get more info if you pm core.
thank you
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
thank you
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
more...
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willwin
07-28 01:35 PM
I am reading about 16th century stuff here in this thread.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
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nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
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conundrum
10-17 11:36 AM
Faxed and mailed!
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VivekAhuja
07-14 05:57 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
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apahilaj
04-23 06:43 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.
Enjoy your freedom. Congratulations!
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.
Enjoy your freedom. Congratulations!
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senthil1
02-19 12:28 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
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vnkpaul
09-15 04:09 PM
I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
varshadas
11-29 03:41 PM
My PD is Oct 2002 - EB3.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
willgetgc2005
03-20 07:26 PM
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.