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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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conundrum
11-10 02:05 PM
Bump
niceguy369
01-31 02:30 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
2011 Success breeds complacency.
GCBy3000
12-27 09:44 AM
I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
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amitjoey
11-11 01:49 PM
YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
greyhair
02-09 08:20 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
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.
This is the reason I do not find that immigration business shop credible any more.
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
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.
This is the reason I do not find that immigration business shop credible any more.
more...
sid3699
09-16 10:16 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
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kaisersose
03-19 11:21 AM
If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
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HV000
03-18 06:18 PM
Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".
When they use this spill over, only PD is imp not the country.
This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?
When they use this spill over, only PD is imp not the country.
This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?
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abracadabra102
07-30 10:06 AM
Thanks abracadabra for agreeing to the point. It is really funny isn't it, when you notice people fighting over God's? Just the thought of fighting to support your God shows that you really dont belive in his/her strength or you dont really know what God is!! If thats the case, how would that power qualify to be GOD?? Whether it is in Inda/pakisthan/middle east/africa, wherever people fight to save their God/gods are just fighting to avoid confronting their own insecurity:-) What is the difference between me getting insulted on seeing Ganeshas picture on a beer bottle or Jesus's picture on the toilet seat and a circle with two dots as eyes on a person's BUTT, which he claims to represent ME (thomas)? Ofcourse I know that the circle with 2 dotts on his BUTT doesn't represent me so is the same about Ganesha / Jesus. Who has seen these folks?? The big truth is NOBODY!! EVER!! Imagine how would I look if I stood around crying like a baby, when the guy walks around with his BUTT exposed showing the circle with two dotts claiming that it acurately represents me?? Ganesha, Jesus, Allah and Krishna are all laughing. Laughing not at the person who shows off as insulting them, but actually (ironically) at us who stand around crying about that. Belive me this is true!! we had a conference call last night and all three of them were laughing :D:D:D
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
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gc28262
08-10 03:26 PM
Before proposing a solution, we need to make sure these are valid arguments. We need to crack INA ourselves to make sure were making a valid legal argument.
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
Those of you are willing to join effort on the following thread, please pm GCPerm.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684
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sidbee
05-26 06:04 PM
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
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anurakt
01-17 01:52 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these don't show the faces. These people call themselves high skilled , they want everything without contributing a cent .... ... ....:mad: :mad:
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ajthakur
07-14 05:44 PM
PD: Jan 2006
Category: EB2
Could you inform us what your Eb category is and what is your priority dates.
TIA
Category: EB2
Could you inform us what your Eb category is and what is your priority dates.
TIA
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prince_waiting
10-20 03:25 PM
Choose your pick fellow IVians,
On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.
On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.
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lvinaykumar
11-26 10:57 PM
My View
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
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anurakt
01-17 01:52 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these don't show the faces. These people call themselves high skilled , they want everything without contributing a cent .... ... ....:mad: :mad:
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indio0617
11-22 10:40 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
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prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
ramee
06-28 11:14 PM
Gurus,
We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is
- How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.
- Is there any relation between not getting Card Ordered email and RFE on my sopuse application.
- What could be the potential reason for RFE on my Spouse Application.
Thanks in advance.
EB2, PD:Jan'2004, July 2 Filer.
We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is
- How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.
- Is there any relation between not getting Card Ordered email and RFE on my sopuse application.
- What could be the potential reason for RFE on my Spouse Application.
Thanks in advance.
EB2, PD:Jan'2004, July 2 Filer.
eb3retro
08-17 12:16 AM
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
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