Macaca
01-25 08:54 PM
Assume the following worst case.
1. We create an authentic database of member payments.
2. All non-paying members are unhappy and/or leave.
Let us have a civil and focussed debate on the following strongly related questions.
1. What is the utility of a non-paying member?
2. What is lost if a non-paying member leaves?
1. We create an authentic database of member payments.
2. All non-paying members are unhappy and/or leave.
Let us have a civil and focussed debate on the following strongly related questions.
1. What is the utility of a non-paying member?
2. What is lost if a non-paying member leaves?
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angelfire76
12-04 12:11 PM
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
satishku_2000
12-24 01:03 PM
People say things could be worse . No wonder they have a cut off date of 2001 ...
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mvinayam
10-03 03:47 PM
Hi,
Myself & my husband received the EAD (with Nor FingerPrint Available), AP before the fingerPrint. On Sept 17th we did our fingerprinting. No LUD change yet. Is it the LUD needs to be changed after the finger printing? If not is there an issue?
Thanks & Regds
MV
Myself & my husband received the EAD (with Nor FingerPrint Available), AP before the fingerPrint. On Sept 17th we did our fingerprinting. No LUD change yet. Is it the LUD needs to be changed after the finger printing? If not is there an issue?
Thanks & Regds
MV
more...
psk79
10-04 10:12 AM
Mine says a notice was sent that it is approved on sep 26. mSo far nothing. I was told my attorney will get it.....
Hinglish
08-07 09:01 PM
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
more...
nixstor
01-22 06:12 PM
She cannot change to H1 until Oct 1 which is when the new quota of H1's will be available unless she is going to work for an exempt organization/company. In the latter case then she can apply directly now for H1 as long as she is still maintaining H4 status.
This is what I get from the new memo:
Immigration Policy and Procedural Memoranda (http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf)
I hope this will help you.
andy
ofcourse she cannot change her status until oct 1st. How ever the sluice gates for the new h1 quota open on Apr 1st and will be gone in days. My question is Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing to show that she is maintaining status?
This is what I get from the new memo:
Immigration Policy and Procedural Memoranda (http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf)
I hope this will help you.
andy
ofcourse she cannot change her status until oct 1st. How ever the sluice gates for the new h1 quota open on Apr 1st and will be gone in days. My question is Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing to show that she is maintaining status?
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sbabunle
12-01 04:02 PM
I've gone through the pretty much same situation and had a hell of time
with it.
The best way in my opinion is:
1. Stamp H1B with latest approval from India(Home country) is the BEST way.
2. If you have the approval right now goto Mexico or Canada and stamp it.
3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
a slight change in job description. ( Like add one more thing in your responsibilites or whatever)
If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
me on the way back. So I guess everything is okay.
I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.
best regards
babu
with it.
The best way in my opinion is:
1. Stamp H1B with latest approval from India(Home country) is the BEST way.
2. If you have the approval right now goto Mexico or Canada and stamp it.
3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
a slight change in job description. ( Like add one more thing in your responsibilites or whatever)
If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
me on the way back. So I guess everything is okay.
I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.
best regards
babu
more...
laborchic
06-18 10:35 AM
Thanks for sharing the info bud.
I am sure there are more services like these which will be helpful for us.
Guys: Please share out the info you have.:p
I am sure there are more services like these which will be helpful for us.
Guys: Please share out the info you have.:p
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hopefulgc
08-13 08:45 PM
Please do vote..
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
more...
lazycis
12-18 12:45 PM
What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?
Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.
Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.
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H1bEmployer
09-16 11:57 PM
Ok, So 32000 was our total expenditure for H1b, for all 22 of them.. My bad.
Yes - Good Lawyers Take that much ... About $1500. Lawyer Fees.. 1200 Bucks, Educations Evaluation 200 Bucks, Postage 100 Bucks.
I can get it done for $500 bucks, But Would you want your H1b to be done in Hyd/B'lore/BBy.. by some one who does not have clue ?... I don't think so.
To Chi_Shark -- Why am I not entitled for the same things as you ? You have time to post stuff here, I guess You have a 'job' as well. Hope this answers it !
The Point is not Reduction of HR Expenses. BTW, we are not as large to need a Para-Legal working in-house.
Thanks.
Yes - Good Lawyers Take that much ... About $1500. Lawyer Fees.. 1200 Bucks, Educations Evaluation 200 Bucks, Postage 100 Bucks.
I can get it done for $500 bucks, But Would you want your H1b to be done in Hyd/B'lore/BBy.. by some one who does not have clue ?... I don't think so.
To Chi_Shark -- Why am I not entitled for the same things as you ? You have time to post stuff here, I guess You have a 'job' as well. Hope this answers it !
The Point is not Reduction of HR Expenses. BTW, we are not as large to need a Para-Legal working in-house.
Thanks.
more...
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imh1b
04-19 09:32 AM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
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ntpatil
11-11 01:19 AM
Hi there
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Thanks again Chaanakya,
I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.
more...
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samirpatel08
08-04 09:47 AM
How can I do it? I could not find an option to change it.
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Canadian_Dream
01-24 04:57 PM
I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
more...
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nj_jcarter
05-16 11:19 PM
very cool DJ. Keepin' the levels up as usual. I await the return volley.
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dupedinjuly
07-05 01:16 AM
Hi Miriam,
I appreciate your efforts in highlighting this issue. It is a high stakes issue for would be future americans who respect the law, abide by it and wait patiently for their turn in line to apply for
green card, while maintaining legal non-immigrant working status during years of wait, paying taxes and contributing to social security. I would also like to highlight that in H1B status if one loses the job, he or she needs to leave the country in 10 days.
I am glad you are bringing the issue of legal immigration to light. After all, thats what everybody wants, immigration to be orderly and legal, but is it workable ? and why people trying to follow the law feel cheated and duped by the government, after waiting patiently for years and abiding to
the laws.
The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants who are trying to immigrate legally. Legal immigration is the real issue. If it works, there
will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
illegal immigration is to make legal immigration work. Unfortunately, the government is going
in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
Is government sending the message to people trying to follow the law that, Following the law is
going to get tougher, just break it, become illegal aliens and we are working on an amnesty.
I would request you to get to the bottom of this and find out whether right procedures and laws were followed in using the visa numbers ? If not, then the conclusion is, government of United States failed in respecting and following its own laws. Is it not a travesty, that law breakers are
probably going to be rewarded with an amnesty and govenment is not respecting them either ?
We are resepecting it, following it and are getting the door slammed on us. I never thought, I
would see this in America. My impression of America has changed, forever.
Regards,
( Priority Date Dec 16,2003 , EB3 India
Applied for I-485 Adjustment of Status on June 30
Application Reached USCIS-Nebraska at 10:25 am on July 2. )
I have already written to her asking for more reports in this matter. Here is the email I sent her:
Hello Ms. Miriam:
As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS
Sincerely
Kalyan.
I appreciate your efforts in highlighting this issue. It is a high stakes issue for would be future americans who respect the law, abide by it and wait patiently for their turn in line to apply for
green card, while maintaining legal non-immigrant working status during years of wait, paying taxes and contributing to social security. I would also like to highlight that in H1B status if one loses the job, he or she needs to leave the country in 10 days.
I am glad you are bringing the issue of legal immigration to light. After all, thats what everybody wants, immigration to be orderly and legal, but is it workable ? and why people trying to follow the law feel cheated and duped by the government, after waiting patiently for years and abiding to
the laws.
The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants who are trying to immigrate legally. Legal immigration is the real issue. If it works, there
will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
illegal immigration is to make legal immigration work. Unfortunately, the government is going
in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
Is government sending the message to people trying to follow the law that, Following the law is
going to get tougher, just break it, become illegal aliens and we are working on an amnesty.
I would request you to get to the bottom of this and find out whether right procedures and laws were followed in using the visa numbers ? If not, then the conclusion is, government of United States failed in respecting and following its own laws. Is it not a travesty, that law breakers are
probably going to be rewarded with an amnesty and govenment is not respecting them either ?
We are resepecting it, following it and are getting the door slammed on us. I never thought, I
would see this in America. My impression of America has changed, forever.
Regards,
( Priority Date Dec 16,2003 , EB3 India
Applied for I-485 Adjustment of Status on June 30
Application Reached USCIS-Nebraska at 10:25 am on July 2. )
I have already written to her asking for more reports in this matter. Here is the email I sent her:
Hello Ms. Miriam:
As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS
Sincerely
Kalyan.
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felix31
01-23 08:35 PM
Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
gbof
10-26 01:31 PM
My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
^^^bump^^^
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
^^^bump^^^
BharatPremi
03-28 06:26 PM
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.
Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.