smuggymba
09-10 12:53 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
wallpaper Morning Show Halloween: This
rajimmigration
06-11 09:58 PM
Done
senthil1
04-04 03:39 PM
If number of H1b increases obviously waiting period will increase for GC. So H1b reform will be positive in multiple aspects
1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
2011 #39;Too Good to Pass Up#39;
karrtthi
12-12 04:22 AM
Dear All,
I have applied for L1 B extension and the Status is Pending Petition Filing with my Company. My visa Expires by Dec 14th 2009 and i have to travel back to India by Dec 18th 2009 immediately due to personal emergency.
I dont have any acknowledgement till date for the extension as it is under process.
Following are my question
1) Will i have any issues when i return to india after 4 days of my visa expiration?Will it anyway affect my future visa petitions?
2) If the extension is filed, Is there any chances for the extension getting approved even if am not here unless there is no RFE.
Your answers would greatly help me. Thanks
I have applied for L1 B extension and the Status is Pending Petition Filing with my Company. My visa Expires by Dec 14th 2009 and i have to travel back to India by Dec 18th 2009 immediately due to personal emergency.
I dont have any acknowledgement till date for the extension as it is under process.
Following are my question
1) Will i have any issues when i return to india after 4 days of my visa expiration?Will it anyway affect my future visa petitions?
2) If the extension is filed, Is there any chances for the extension getting approved even if am not here unless there is no RFE.
Your answers would greatly help me. Thanks
more...
pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
suresh.emails
01-18 01:19 PM
In Singapore, the ministry of manpower (MOM) issues a credit card size Employment Pass (EP) card/Work permit. This card enables every one NOT to carry passport at all times.
For citizen/permanent residents in Singapore, the government issues pink and blue cards called SING PASS. Which enables them to prove their identity.
We need some kind of cards in USA too, which show our identity and work status. Why don't we make this part of IV agenda. This would enables us to have some peace of mind.
We know, we cannot carry passport at all times (work, outing, groceries etc).
We must do some thing with this too.
For citizen/permanent residents in Singapore, the government issues pink and blue cards called SING PASS. Which enables them to prove their identity.
We need some kind of cards in USA too, which show our identity and work status. Why don't we make this part of IV agenda. This would enables us to have some peace of mind.
We know, we cannot carry passport at all times (work, outing, groceries etc).
We must do some thing with this too.
more...
jcmenon
07-25 01:22 PM
"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
2010 ShopTalk
onemorecame
10-20 03:31 PM
Hi Guys
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
more...
Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
hair FILE- This Jan.
needhelp!
09-26 11:43 AM
It needs to be already fixed by now!! Imagine how many have already read this and all the DAMAGE it has already done!
I am so disappointed. I didn't go all the way to DC for THIS!!
Please continue to press for the fix.
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
I am so disappointed. I didn't go all the way to DC for THIS!!
Please continue to press for the fix.
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
more...
Mr. Brown
03-10 04:59 PM
Please pardon me for my ignorance but why is that every admin fix will work with money in this country?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
Welcome to Capitalism!
...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
Welcome to Capitalism!
...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)
hot a drummer,
rajuram
10-25 09:38 PM
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
more...
house you good luck in 2010.
dixie
08-03 07:39 PM
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
tattoo Orszag Leaving OMB as Budget
asia2america
01-19 09:40 PM
Hi! I am planning to apply EAD on my own as I could no longer afford to pay my expensive lawyer, but there I am not sure how to answer question 13 in the form which says, "Have you ever before applied for employment authorization from USCIS? Since I was and still am on H1, should I answer yes? Please help. Thanks.
more...
pictures The recent Facebook trend of
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
dresses Girls Next Door.flv 31MB
plassey
07-23 07:00 AM
You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
more...
makeup “Satellite TV for PC” is a
uma001
10-01 10:04 AM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
f your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
f your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.
girlfriend on Sunday morning network
danu2007
11-20 10:54 PM
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
hairstyles Obama Running a #39;Gangster
vin
06-12 02:06 PM
I don't think they're considering the Cantwell amendment. The only amendments being considered are as below. Go to http://www.foxnews.com/story/0,2933,280993,00.html (http://www.foxnews.com/story/0,2933,280993,00.html)for complete article
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
gcny2006
10-12 08:27 AM
Got an RFE on 9th sept after several SLUDs in first week of september. The RFE asked for paperwork to establish that I maintained legal status during my student years. USCIS received the response on september 30th. The case status chaged to 'response review'. I have had sevreal sluds since them but no approval yet.
moonrah
07-03 12:46 PM
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.
Problem is not country quota, its the ones with families!!! ><
I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.