pray
08-18 08:56 AM
Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..
Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.
Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.
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anilvt
10-12 02:09 PM
Can we do same for EB2 too ...quite helpfull for EB2 stats too
santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
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rockstart
07-16 08:46 AM
I hope some lawyer on this forum or on their respective websites can answer this question I think most folks have given their FP's only once some where from Oct - Dec 2007 time frame and USCIS said they do not need more FP's for most cases since they now have the ability to reuse the FP's. My guess is unless you have a criminal record of some kind or perhaps your name appears in the POI list they do not call you for FP again perhaps some random cases as part of Quality checks might be included but thats it.
Does any one remember any statements made by the Ombudsman about preadjudication?
Does any one remember any statements made by the Ombudsman about preadjudication?
more...
gcdreamer05
01-16 03:52 PM
hey slumdog thanks for sharing your story....
The same happened to my office, but a different twist, the guy sitting behind me got laid off and no one knew about it, after it had happened and 3 days passed by, i am looking at where is this guy, he used to come at 7 am and be there till 7 pm what happened to him.
so i went n asked my manager and he said, oh myname, you did not know or what last week we laid off 6 folks in the engineering department.
I am like what !!!!!!!!!!
And then i immediately said one thing to him, i have worked for 2 yrs for you and i request just one thing back from you.
He asked me yes tell me what...
I told him, if you happen to know that i am going to be on the firing list, just let me know as soon as you know.
since i got lot of things to do... h1 transfer, health insurance this that...
He just smiled and said dont worry but if it happens i will let you know.,,,,,
The same happened to my office, but a different twist, the guy sitting behind me got laid off and no one knew about it, after it had happened and 3 days passed by, i am looking at where is this guy, he used to come at 7 am and be there till 7 pm what happened to him.
so i went n asked my manager and he said, oh myname, you did not know or what last week we laid off 6 folks in the engineering department.
I am like what !!!!!!!!!!
And then i immediately said one thing to him, i have worked for 2 yrs for you and i request just one thing back from you.
He asked me yes tell me what...
I told him, if you happen to know that i am going to be on the firing list, just let me know as soon as you know.
since i got lot of things to do... h1 transfer, health insurance this that...
He just smiled and said dont worry but if it happens i will let you know.,,,,,
pcs
11-12 09:57 PM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
more...
akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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Dhundhun
07-11 01:29 PM
issue one year EAD and milk more money
First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
.. Most of EB2 gets 1 yr. EAD
.. Most of EB3 gets 2 yr. EAD
First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
.. Most of EB2 gets 1 yr. EAD
.. Most of EB3 gets 2 yr. EAD
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nixstor
07-05 12:30 PM
This site is belong to Non profit organization. I believe the main aim is to help members and share knowledge among each other. There are other ways to get funds to maintain the site. As one said that Yahoo, google , Sulecha etc providing free email service, driving direction etc.
If you make it paid , this will not papoulous and many may share the thier knowledge and experience.
It may be suggested to get adds in the site.
Thanks
What an epitome of hypocrisy? Non Profit org working towards GC alleviatoon and needs resources for lobbying. Yeah! The Blue skies are showering green on IV every day. How about us working for a Non profit org or EDU for free? They all serve noble causes. Dont they?
If you make it paid , this will not papoulous and many may share the thier knowledge and experience.
It may be suggested to get adds in the site.
Thanks
What an epitome of hypocrisy? Non Profit org working towards GC alleviatoon and needs resources for lobbying. Yeah! The Blue skies are showering green on IV every day. How about us working for a Non profit org or EDU for free? They all serve noble causes. Dont they?
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
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go_guy123
09-09 02:33 PM
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
of piecemeal and therefore SKIL bill has some chance.
SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
of piecemeal and therefore SKIL bill has some chance.
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logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
more...
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alterego
03-16 12:44 AM
A few things.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
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mbawa2574
02-16 12:28 PM
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
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desi3933
03-11 11:49 AM
Don't put words in my mouth.
Now you want me to give you reply which you will understand. The SledgeHammer or Mirage way. About the link, read from the top don't just read one post.
>> Now you want me to give you reply which you will understand.
[COLOR=Black]
Thanks for using such "polite" language.
------------------------------------------------------
I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others. -- Thomas Jefferson to John Jay, 1785
Now you want me to give you reply which you will understand. The SledgeHammer or Mirage way. About the link, read from the top don't just read one post.
>> Now you want me to give you reply which you will understand.
[COLOR=Black]
Thanks for using such "polite" language.
------------------------------------------------------
I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others. -- Thomas Jefferson to John Jay, 1785
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inskrish
04-10 09:36 AM
Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need
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thomachan72
11-11 09:18 AM
Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......
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nomi
12-13 09:02 AM
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
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vin13
11-13 09:29 AM
If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.
If 100s' of us try and 1 succeeds, we all succeed.
If 100s' of us try and 1 succeeds, we all succeed.
willgetgc2005
04-20 02:37 PM
Logiclife,
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
ragu
02-19 09:03 PM
are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
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