ThinkTwice
07-11 05:12 PM
With the immense success of the 'Gandhigiri' movement, there is possibility that this rally could get the desired attention.
Please encourage people you know to join in the rally.
-We have members of the chinese community joining us in large numbers.
-We have a member of the Indian Student Association of the SanJose State University trying to spread the word.
The momemtum is gathering, please do your part.......
Thanks
Please encourage people you know to join in the rally.
-We have members of the chinese community joining us in large numbers.
-We have a member of the Indian Student Association of the SanJose State University trying to spread the word.
The momemtum is gathering, please do your part.......
Thanks
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pappu
09-29 01:50 PM
I recently saw one case where an H1B application was reopened. The LUD was updated even after being approved more than a year ago. The reason was that the company had applied for an L1 visa for another applicant and the case received an RFE and all other immigration cases of the company came under review. The new L1 visa case was denied but the old H1B approval for another applicant did not get any denial or RFE. So make sure you work for a good company and have a clean immigration case, else there are some scares along the way.Thanks Pappu.
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
ElectricGrandpa
06-20 12:40 AM
Hey, this is a great idea for a battle. Sign me up, i'll enter :D. I wish we could enter two entries though. . .pleeeez?
I think it ends like tomorrow... or something... not sure.
I think it ends like tomorrow... or something... not sure.
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smisachu
07-18 04:56 PM
IV now has clout which should be immediately used for a permanent fix. Two issues which might not require laws being passed can be implemented to ease the backlog situation that will be created.
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
more...
rajuseattle
04-06 07:18 PM
GCPA03,
I hope you are not joking here, did you try to port your EB-3 date to some old PD or change from EB-3 to EB-2?
I am surprised how come PD is not current and USCIS denies I-131 based on the grounds that I-485 approved.
Something is definitely wrong here, unless its USCIS system glitch which considers the preadjudicated (pre-approved) cases as approved and then deby subsequent benefits associated with AoS (I-485) pending application.
Very interesting news for the IV community. Keep us posted on the new developments.
I hope you are not joking here, did you try to port your EB-3 date to some old PD or change from EB-3 to EB-2?
I am surprised how come PD is not current and USCIS denies I-131 based on the grounds that I-485 approved.
Something is definitely wrong here, unless its USCIS system glitch which considers the preadjudicated (pre-approved) cases as approved and then deby subsequent benefits associated with AoS (I-485) pending application.
Very interesting news for the IV community. Keep us posted on the new developments.
Leo07
01-18 03:54 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^
more...
Desertfox
10-04 03:16 PM
Not a single post to counter kumar1's argument!!! I wonder where the interfiling opponent MS/PHDs are gone!:confused:
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
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mrajatish
04-17 06:01 PM
Yes, this is just so demoralizing. People spend hours asking questions on different issues but they do not take a couple of mins to send even 25-50 dollars (a good dinner costs as much).
Guess everyone wants a free lunch.
Guess everyone wants a free lunch.
more...
panky72
06-11 01:31 PM
I had called the congressman from my district (Peter Visclosky) along with the other representatives on the list a few weeks ago. His office had taken my name and address at that time. Today I was surprised to see a letter in mail regarding that conversation and his intention to support the immigration bills in house. So it looks like that the messages we leave with congressional staffers who attend the phones do pass on the message to congressmen.
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chanduv23
03-31 02:04 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.
It is clear that AC21 supersedes the INA 245 rule.
Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.
more...
RLNY122004
04-28 08:46 PM
Mailed $100 check yesterday.
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tariqk
12-15 09:47 AM
Congratulations for having the guts to stick it through. Not that it really matters, but I'm curious as to your occupation. I don't think I have much of an appreciation for how certain fields are magnets for unscrupulous employers like the one you described.
Now it is time to celebrate with family and friends, and get back in physical and mental shape. Make sure to get your citizenship then push hard for changes to the system. That's the light at the end of the tunnel for me, also.
TK
Now it is time to celebrate with family and friends, and get back in physical and mental shape. Make sure to get your citizenship then push hard for changes to the system. That's the light at the end of the tunnel for me, also.
TK
more...
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deletedUser459
06-14 05:18 PM
Go Van Halen!
U2 Blows!
http://www.versusmediagroup.com/kirupa/iPod.jpg
you forgot white!
U2 Blows!
http://www.versusmediagroup.com/kirupa/iPod.jpg
you forgot white!
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Leo07
12-02 09:07 PM
One quick and dirty one is to...people who want to 'Add to Reputation' of posts...need to buy:)
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
Events with food, music and lots of other fun and all the money goes to IV. We need to form workgroups for doing this in every state.
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
Events with food, music and lots of other fun and all the money goes to IV. We need to form workgroups for doing this in every state.
more...
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natrajs
03-16 11:52 PM
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
12 + 4 ( Education) + 5 Years progressive experiece qualify for EB2, you have 12+3+2 ( Education) + 7 Years - Yes you qualify for the EB2, However your job description should qualify for a EB2 position, consult a Attorney
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
12 + 4 ( Education) + 5 Years progressive experiece qualify for EB2, you have 12+3+2 ( Education) + 7 Years - Yes you qualify for the EB2, However your job description should qualify for a EB2 position, consult a Attorney
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waitingGC
01-31 10:20 AM
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
The cut-off date is determined by #485, not LC.
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
The cut-off date is determined by #485, not LC.
more...
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willwin
06-10 03:03 PM
Finished calling all reps..
I think we should post this on the home page in IV Announcements section.
I have this doubt too.
Leaving VM might make sense. But what about leaving message with a person? Does it really do any good?
I think we should post this on the home page in IV Announcements section.
I have this doubt too.
Leaving VM might make sense. But what about leaving message with a person? Does it really do any good?
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jingi1234
12-13 10:48 AM
Was this the first attempt to get to USA? OR
were you working in USA and went for a visting to INDIA?
I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.
Thanks
were you working in USA and went for a visting to INDIA?
I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.
Thanks
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richshi
04-26 07:42 PM
Just registered as volunteer. Will send a check of $100 first thing tomorrow.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
answers_seeker
07-18 01:13 PM
I am not sure if that is going to be an advantage since my PD was not current in JUNE
For all practical purposes, the date on which it was recieved is your RD=> Receipt Date. The postmark date has no relevance except for records unless USCIS explicitly states so ( which it did once in 2001 http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=89a5f3cee754ad0499e55e731191f 360).
485 filings are strictly Receipt date. I am still searching for the uscis link and will post one as soon as I find one.
For all practical purposes, the date on which it was recieved is your RD=> Receipt Date. The postmark date has no relevance except for records unless USCIS explicitly states so ( which it did once in 2001 http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=89a5f3cee754ad0499e55e731191f 360).
485 filings are strictly Receipt date. I am still searching for the uscis link and will post one as soon as I find one.
jgh_res
03-03 03:51 PM
I bought Patriot America by img global for my parents. We had to take my mother to ER. The total claim was close to 10k and to my surprise imgglobal did pay exactly as whatever it said. It is not a pre existing condition. Based on my research, nobody covers a pre existing condition.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
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