man-woman-and-gc
09-17 03:47 PM
Lets not waste our energy on those who don't believe USCIS has done anything wrong or are content with the current state of immigration....lets focus on getting more and more support to this movement.
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
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marty
05-30 12:58 PM
http://www..com/discussion-forums/i485-1/122557139/page/1/
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
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sodh
07-10 01:25 AM
Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.
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Ramba
07-28 12:08 PM
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
more...
vbkris77
09-24 01:53 PM
We tend to forget that we are not lawmakers :p
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..
When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..
I don't know how better I can say..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
ajaykk
07-21 01:33 PM
Mailed on 07/14
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
more...
knnmbd
05-03 10:53 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
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munnu77
04-23 05:08 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
we already have one..
www.desicrunch.com
more...
sankap
07-10 03:05 PM
I agree--make your own decision for your peace of mind. Under W2, you're an employee and your employer does the taxes. On 1099, you're self-employed and you do the taxes, and also deduct business expenses. However, being on W2 does *not* mean that you've a job for unlimited period of time. A lot of recruiters for contract jobs (e.g., a 3-month contract) give you the option of joining under W2 or 1099.--e.g., $70/hr on 1099 or $60/hr or W2. Being on W2 should *not* be construed as being on a "permanent" job.
At the end of the day, it's all a question of your peace of mind. You can take this 6-month contract on W2 and take comfort in your (wrong) thinking that you're on a "permanent" job, or you can take that contract on 1099 and (wrongly) worry that you're on a "temporary thing."
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
At the end of the day, it's all a question of your peace of mind. You can take this 6-month contract on W2 and take comfort in your (wrong) thinking that you're on a "permanent" job, or you can take that contract on 1099 and (wrongly) worry that you're on a "temporary thing."
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
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sathishkrish
11-21 10:40 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul,
I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.
Satish
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul,
I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.
Satish
more...
samrat_bhargava_vihari
06-11 05:31 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
They sent you receipt before cashing the checks?
They sent you receipt before cashing the checks?
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tonyHK12
02-14 08:42 AM
thanks cleopatra, ajay and silveroaks for your contribution.
yes, we are way behind on contributions.
Amount raised = $2600.00
Contributions needed = $47,400.00
yes, we are way behind on contributions.
Amount raised = $2600.00
Contributions needed = $47,400.00
more...
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desi3933
09-03 01:52 PM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
>> They say you will become actual permanent resident when you get the card
Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.
**** Not a legal advise. *****
_____________________________________
Proud Indian-American and Legal Immigrant
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gccovet
02-10 02:22 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
more...
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kk_kk
11-17 07:28 PM
done. Thanks
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GCforme
01-30 04:57 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
more...
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RanchCharm
05-23 10:38 AM
Just sent email or submitted web forms. Now the question Will somebody from Senator's office contact us. If they do so then what should we do? I am 99% sure no one will contact but just in case.
Thanks,
Good Work IV.
Ranch
Thanks,
Good Work IV.
Ranch
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stillhopefull
09-21 09:43 AM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
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sanjaymk
07-20 10:18 AM
please count me in for $50 for this and another $50 for the core. Let me know the address for the aman kapoor reimbursement fund.
Sanjay.
Sanjay.
Winner
06-26 06:29 AM
Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
bbct
02-12 12:22 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.
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