vbkris77
03-10 03:17 PM
I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
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ItIsNotFunny
10-15 04:40 PM
Guys,
It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.
By the way, I already got few red flowers (red dots) :)
It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.
By the way, I already got few red flowers (red dots) :)
svn
03-31 02:19 PM
This is very useful information. Given the data quoted, my question is: Why is the EB3 allocation for EB3 India only 2306? If the per country quota is set at 7% of 140K EB Visas and this is to be divided uniformly across all three employment categories, shouldn't EB3 India approvals have come to 9800/3 i.e roughly 3266? Actually, the same would apply for EB3 China as well!
Is this real discrimination against EB3 India/China...or am I just imagining it?Given my 8 year unending wait, I am sure I could just be hallucinating as well :-)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
Is this real discrimination against EB3 India/China...or am I just imagining it?Given my 8 year unending wait, I am sure I could just be hallucinating as well :-)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
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logiclife
01-30 01:20 PM
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
more...
GCVivek
03-21 02:33 PM
There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
acecupid
07-03 12:17 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'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
Problem is not country quota, its the ones with families!!! ><
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
more...
FinalGC
07-13 08:27 AM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
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ilamurughu
07-11 08:44 PM
Hi...
LC filing state : CA
PD : Oct 2003
Labour approval : Sep 2006
I-140 approval : Oct 2006
I - 485 : Documents sitting with Attorney and advising to wait until Oct'07...
LC filing state : CA
PD : Oct 2003
Labour approval : Sep 2006
I-140 approval : Oct 2006
I - 485 : Documents sitting with Attorney and advising to wait until Oct'07...
more...
sunny1000
07-24 11:26 PM
The below is the answer I got from my attorney.
"You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."
"You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."
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deafTunes123
04-25 10:20 AM
congratulations eb2 june 2003
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eastindia
08-03 10:07 AM
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
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BharatPremi
03-12 08:49 AM
It is safe that your I40 be approved but not necessary.
In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.
In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.
more...
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addsf345
11-07 07:24 PM
trying to revive this discussion. Its been more than 6 - 8 months, so what are the updates? Please share.
I am aspiring AC21 wannabe. Appreciate word of advice from those who have successfully used this option.
I am aspiring AC21 wannabe. Appreciate word of advice from those who have successfully used this option.
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phillyag
07-13 12:19 PM
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
more...
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user1205
08-15 05:38 PM
The spill over goes from EB2 ROW to EB3 ROW to EB2 India to EB3 India .. at least that's how some people explained it.
Also I'm pretty sure country quota of 7% is for all EB categories combined.
I guess the logic of USCIS is beyond logic and rules.
Also I'm pretty sure country quota of 7% is for all EB categories combined.
I guess the logic of USCIS is beyond logic and rules.
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Munna Bhai
12-26 02:01 PM
Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?
-Thanks,
-Thanks,
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pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
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BharatPremi
03-17 01:35 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
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kopguy
10-20 03:15 PM
Obama is leading in polls over Maccain by almost ten points. Unless Obama makes some stupid mistake his lead will only increase. We got to come up with a strategy assuming Obama becomes president.
crazyghoda
01-30 12:19 PM
No. I am on very good terms with my original lawyer from my GC sponsoring firm. I'd rather he continue to represent me as I trust him more.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
sanjeev_2004
06-30 09:33 PM
In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
