niklshah
01-06 11:09 AM
I posted this question at Change.gov. It has 301 votes now ...please vote for it and have others do it as well.
Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"
can you provide link to your question so people can vote..it is difficult to find question on the website. thanks
Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"
can you provide link to your question so people can vote..it is difficult to find question on the website. thanks
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syzygy
01-31 01:22 PM
They might have voted by mistake. I did that mistake. So don't think too much in negative territory instead get as many hit as possible on poll site.
just curious to know what is the reason that 22 people till now didn't vote for the question ... what do you think could be the reason ...
just curious to know what is the reason that 22 people till now didn't vote for the question ... what do you think could be the reason ...
belmontboy
09-15 09:20 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
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cool_guy_onnet1
06-15 09:39 AM
I have an appointment with Murthy's attorney next week. SInce we have limit on PM I would suggest making a yahoogroup thread and include those in the same boat. My PD is Sep 05 EB2 India . it's pretty bad for me :-) Getting married next March (just need to find the gal - kidding ;-) )
Lets talk with our respective attorneys and separate attorney's personal benefit from this.
Ofcourse, all the Attorneys will tell you NOT TO DO CP SINCE THEY CANT CHARGE THIS Matthew Oh GUY and others want you to do 485 so they can milk more money out of you.
Email me at cool_guy_onnet@yahoo.com and I would setup something for "485 kawares"
Thanks
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
Lets talk with our respective attorneys and separate attorney's personal benefit from this.
Ofcourse, all the Attorneys will tell you NOT TO DO CP SINCE THEY CANT CHARGE THIS Matthew Oh GUY and others want you to do 485 so they can milk more money out of you.
Email me at cool_guy_onnet@yahoo.com and I would setup something for "485 kawares"
Thanks
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
more...
ek_bechara
08-13 06:37 PM
http://en.wikipedia.org/wiki/Ad_hominem
Attack the argument, not the argumentor.
Is that from your PhD course work homie? Clearly you dont have an argument because an argument is based on facts. I need something to attack so I'm picking on you.
Always remember: We stand together and thats the only way we will ever build a Indian strong community in US of A.
Attack the argument, not the argumentor.
Is that from your PhD course work homie? Clearly you dont have an argument because an argument is based on facts. I need something to attack so I'm picking on you.
Always remember: We stand together and thats the only way we will ever build a Indian strong community in US of A.
PDOCT05
07-19 09:53 AM
mine 2 - rwilliams at 7:55 cool ...thanks some one on the same boat..Mine was received on july 3rd at 9:02AM.
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prajwal123
07-18 08:30 PM
485 Applied -- July 2nd
Status -unknown
Status -unknown
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rajuram
06-12 11:58 PM
IT IS AS SIMPLE AS THIS ----
IV has to convince the government that this mess was created because close to 100000 visas were WASTED/UnUsed while BEC was busy(or not busy) sorting through the cases. If it is the mistake of a govt department, then the govt should fix it by recapturing these visas. They will act only when you make them look bad or file a suit against them. Why hasn't IV been able to push a simple argument like this????
IV has to convince the government that this mess was created because close to 100000 visas were WASTED/UnUsed while BEC was busy(or not busy) sorting through the cases. If it is the mistake of a govt department, then the govt should fix it by recapturing these visas. They will act only when you make them look bad or file a suit against them. Why hasn't IV been able to push a simple argument like this????
more...
Widget
11-15 03:50 PM
THIS WEEK ON C-SPAN, hope taht we will see somenthing about EB next wek
Thursday, Nov. 16
Senate Judiciary Committee on Oversight of the Civil Rights Division
On C-SPAN3 at 9:30am ET
Thursday, Nov. 16
Senate Democrats Briefing on Minimum Wage
On C-SPAN at 2pm ET
Thursday, Nov. 16
Sen. McConnell (R-KY) on What's Next for the Republican Party
On C-SPAN3 at 3:30pm ET
Thursday, Nov. 16
Senate Judiciary Committee on Oversight of the Civil Rights Division
On C-SPAN3 at 9:30am ET
Thursday, Nov. 16
Senate Democrats Briefing on Minimum Wage
On C-SPAN at 2pm ET
Thursday, Nov. 16
Sen. McConnell (R-KY) on What's Next for the Republican Party
On C-SPAN3 at 3:30pm ET
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snathan
04-18 02:47 PM
My M.C.A was 3 years. this will help?
-vga
You 3 years Bachelor might be an issue... also your Bachelor and Master's are not in the same field. So I am really doubtful you will get through EB2. Now a days USCIS is very strict about the degree..
-vga
You 3 years Bachelor might be an issue... also your Bachelor and Master's are not in the same field. So I am really doubtful you will get through EB2. Now a days USCIS is very strict about the degree..
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NKR
07-02 08:17 AM
Some of the reasons I can think of�
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
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deepakjain
05-12 04:59 PM
I being in US has more self esteem attached to it rather then anything else.
Please do not speak about forgery and unfair means of getting H1B and even applying for GC.
If the GC is to be given based on proper expertise, experience, qualification, experience letters, working knowledge then close to 50% of those crying foul can be sent back home without any issue by US authorities.
USCIS should look at all EB applications on Indian nationals, setup interview and one on one meeting do spot verification...doing this will speed up everything....:D...
Please do not speak about forgery and unfair means of getting H1B and even applying for GC.
If the GC is to be given based on proper expertise, experience, qualification, experience letters, working knowledge then close to 50% of those crying foul can be sent back home without any issue by US authorities.
USCIS should look at all EB applications on Indian nationals, setup interview and one on one meeting do spot verification...doing this will speed up everything....:D...
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VMH_GC
07-19 10:19 AM
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.
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greenlight
02-18 02:07 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
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xu1
04-26 03:14 PM
How do i do it?
Give me the paypal email id to send money to.
Thanks
sri
Thanks for becoming one of us!! Please click
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
And then find a link of "Contribution Form" underneadth "How to contribute" and there you are taken to the paypal contribution page with IV's email address..
Thx again..
Give me the paypal email id to send money to.
Thanks
sri
Thanks for becoming one of us!! Please click
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
And then find a link of "Contribution Form" underneadth "How to contribute" and there you are taken to the paypal contribution page with IV's email address..
Thx again..
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ashkam
07-11 11:03 AM
I think one very serious point in favor of filing now is if you do not file, and the lawsuit is successful in about a year and a half as they say and your PD hasn't become current by then, it puts everyone who filed in July ahead of you and this might cause the USCIS to retrogress visa numbers to such an extent that it would take ten years for your PD to get current again. Would this be a correct assessment?
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deletedUser459
06-05 11:42 AM
haha. yeah, it asks for a username and pas when you go to this page now
i can't see it
i can't see it
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Oli-G
06-13 12:42 AM
Nice work here.... might try and whip one up the next few days
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sc3
08-14 01:06 AM
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
yabadaba
07-18 03:27 PM
i sorted based on application mailed date , all are pending !!
the mailed date was recently added as a column.. till now ppl were using receipt date column as application reached.. wait till fp dates and notice dates get populated...the earliest i have seen is for ppl current in june who have a receipt date of 06/29
the mailed date was recently added as a column.. till now ppl were using receipt date column as application reached.. wait till fp dates and notice dates get populated...the earliest i have seen is for ppl current in june who have a receipt date of 06/29
logiclife
03-08 11:23 AM
The FEAR I see among many people is really pathatic, I know couple of friends does not even want to talk to me on phone about this matter thinking that some one might be listening,
Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
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