chi_shark
08-06 12:41 PM
let the drumrolls begin! the bulletin could come out anytime now... tomorrow or monday...
wallpaper Johnny Depp has been keeping
svgupta
05-22 07:36 PM
the contribution thread. --
485Mbe4001
04-09 05:15 PM
i tend agree with you, most of our forum topics start sensibly and then meander on...
The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.
Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.
I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.
If we could please make our comments "not country-centric", I am sure more people will join this forum.
I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.
It hurts, but that's the truth.
The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.
Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.
I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.
If we could please make our comments "not country-centric", I am sure more people will join this forum.
I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.
It hurts, but that's the truth.
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chanduv23
10-05 10:33 AM
^^^^^^^^^^^^^
more...
lskreddy
05-21 12:49 PM
If they state their reasoning behind these processing times and let us know in writing that only apps with current priority dates are being considered, that will put to rest a lot of our anxiety.
As much as I am anxious to know about the application being approved, the lack of transparency is what frustrates me the most. They create the rules and they bend it as and when it suits them.
I wish they would only state the true state of affairs.
As much as I am anxious to know about the application being approved, the lack of transparency is what frustrates me the most. They create the rules and they bend it as and when it suits them.
I wish they would only state the true state of affairs.
_2.jpg "johnny depp layout johnny depp")
frostrated
07-06 12:02 PM
What is the benefit of applying for an OCI card for the kids and how long does this process take?
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
more...
krishnam70
03-13 05:29 PM
let us start May 2009 predictions.
EB3-I 2003 October
Do you have any reason for just starting this thread? Anything you can do about the numbers moving by trying predict?
Instead please focus on the efforts by IV core and support it in anyway you can so that we send out an united message.
- cheers
kris
EB3-I 2003 October
Do you have any reason for just starting this thread? Anything you can do about the numbers moving by trying predict?
Instead please focus on the efforts by IV core and support it in anyway you can so that we send out an united message.
- cheers
kris
2010 Johnny Depp is Getting Married
kondur_007
08-10 09:12 PM
EB1 Current all across
EB2 India and China Dec 2006
EB3 Unavailable
Just a prediction:D
EB2 India and China Dec 2006
EB3 Unavailable
Just a prediction:D
more...
ars01
07-09 01:32 PM
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
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Leo07
09-23 08:02 PM
We Can Blame All We Want After We Are Sure That We Have Done Everything We Possible Could....
Calllllllllllll............
Calllllllllllll............
more...
LostInGCProcess
11-18 11:10 AM
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
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vivache
09-22 03:36 AM
Yes .. if people are pumped up now, we have the media looking in, we should push with all we have. No point making this a 5 year Plan.
Let's think 3 months and max mileage/reach.
Let's think 3 months and max mileage/reach.
more...
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nivasch
01-16 02:34 PM
Hi,
I just payed $50 thru Paypal.
Thanks for your great Efforts
Thx,
nivas
I just payed $50 thru Paypal.
Thanks for your great Efforts
Thx,
nivas
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conchshell
04-23 04:50 PM
^^^^
With a few bills introduced or in the works, isn't it the time now to act and bring about awareness to our problems? I know IV has been working through state chapters. We can supplement those efforts with other means such as those suggested in this thread. We need to create an uproar about the hopeless situation and endless wait times due to retrogression, backlogs, and bureaucracy. I am not suggesting anything drastic. Just some peaceful ways that won't offend anybody to draw attention to the forgotten issues of EB immigrants.
I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.
It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"
With a few bills introduced or in the works, isn't it the time now to act and bring about awareness to our problems? I know IV has been working through state chapters. We can supplement those efforts with other means such as those suggested in this thread. We need to create an uproar about the hopeless situation and endless wait times due to retrogression, backlogs, and bureaucracy. I am not suggesting anything drastic. Just some peaceful ways that won't offend anybody to draw attention to the forgotten issues of EB immigrants.
I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.
It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"
more...
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hopefulgc
01-13 08:46 PM
yes i meant saab :D:D
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
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hebbar77
11-03 03:17 PM
Hello
If you are talking abt any amount useful to use in USA, you need RBI clearance to wire it here.
Wiring is the cheapest I believe.
You will also need a clearance from IT dept in india.
RBI may ask for a reason for taking money out, which you should be able to justify.
Good luck
If you are talking abt any amount useful to use in USA, you need RBI clearance to wire it here.
Wiring is the cheapest I believe.
You will also need a clearance from IT dept in india.
RBI may ask for a reason for taking money out, which you should be able to justify.
Good luck
more...
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GooblyWoobly
09-17 04:11 AM
I think Wah Wah is confused by the differences between 'retrogression' and 'backlog'. Of course, you are right that the PDs are not likely to go much further back (I think USCIS took a conservative approach after July - note they are still issuing visas to those with non-current PDs but are using the bulletin to limit incoming new filings). However, if 20 million applied in July the coming backlogs would be horrendous, even though priority dates would not necessarily need to go back further.
However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.
Phew. Anyway, I think that's what he was on about!
:)
That'd happen even with or without July Fiasco. If there were 20 million people with PD in 2006, as soon as the PD in VB reaches 2006, that many people will apply, and the PD will be stuck there forever. So, what my point is, July Fiasco made NO DIFFERENCE to retrogression (except the effect of some resources at USCIS spent on receipting/issuing EAD&AP).
I agree it's very bad, and we need to fight it. But I just didn't want to people panic on something that's un-true. I'm tired of the FUD, that's it!! Just see, now in another thread somebody is speculating about discrimination against Indians inside USCIS!!
However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.
Phew. Anyway, I think that's what he was on about!
:)
That'd happen even with or without July Fiasco. If there were 20 million people with PD in 2006, as soon as the PD in VB reaches 2006, that many people will apply, and the PD will be stuck there forever. So, what my point is, July Fiasco made NO DIFFERENCE to retrogression (except the effect of some resources at USCIS spent on receipting/issuing EAD&AP).
I agree it's very bad, and we need to fight it. But I just didn't want to people panic on something that's un-true. I'm tired of the FUD, that's it!! Just see, now in another thread somebody is speculating about discrimination against Indians inside USCIS!!
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Macaca
10-05 04:42 PM
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
High-skilled versus illegal is not the only issue.
Post your personal EB GC issues. They may cover EB GC issues separately.
Post, Post, Post, ...
High-skilled versus illegal is not the only issue.
Post your personal EB GC issues. They may cover EB GC issues separately.
Post, Post, Post, ...
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chanduv23
10-03 11:41 AM
^^^^^^^^^
chanduv23
02-11 12:06 PM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
Junky
09-22 03:13 PM
I am using my milky rollover mintues :D
Please evey one should call.
Call Baby Call!!!
Poll Added Folks....Lets burn those line..even if you have to go use those Milky Rollover minutes ( They are perfectly fine to user here...you don't have to throw them away )
Please evey one should call.
Call Baby Call!!!
Poll Added Folks....Lets burn those line..even if you have to go use those Milky Rollover minutes ( They are perfectly fine to user here...you don't have to throw them away )
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