hydboy77
06-04 12:44 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
I recived my I485 approval on May 30th after 10 years coming into this country.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
I recived my I485 approval on May 30th after 10 years coming into this country.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
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saro28
09-25 10:44 PM
Car Production ordered. Travel document approved. When will I recieve FP notice? Any idea?
yabadaba
10-19 08:49 AM
alex: its perm applications prior to 1/1/2006
hence between 03/28/2005 and 1/1/2006
hence between 03/28/2005 and 1/1/2006
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Krilnon
03-31 11:07 AM
At the moment, it's a 3-way tie for first and a 2-way tie for fourth. :P
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mariner5555
02-29 01:32 PM
if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
pappu
01-11 01:24 PM
Hi,
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
Thanks. pls contact others in this thread to organize some activity. this state chapter has been dormant for lack of someone to take active role. Thanks for answering my call for help on other thread and volunteering here. Some people just post messages saying nothing is happening and some go ahead and take charge. Pls take the initiative to make the chapter alive. You can also get in touch with members from nearby states if needed to get information and learn form them. You can contact MN chapter too. They are actively working on action items.
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
Thanks. pls contact others in this thread to organize some activity. this state chapter has been dormant for lack of someone to take active role. Thanks for answering my call for help on other thread and volunteering here. Some people just post messages saying nothing is happening and some go ahead and take charge. Pls take the initiative to make the chapter alive. You can also get in touch with members from nearby states if needed to get information and learn form them. You can contact MN chapter too. They are actively working on action items.
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kondur_007
08-31 02:22 PM
Under Post decision activity it will mention a date :
"we approved this petition and sent it on date -->
This date is when they mailed your green card.
If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.
The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.
Good Lcuk.
"we approved this petition and sent it on date -->
This date is when they mailed your green card.
If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.
The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.
Good Lcuk.
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Nil
03-16 05:54 PM
Infighting is sad.
Just a food for thought - say items non related to immigration are removed by the admin from the IV website. The person who's thread is deleted, will get ticked off. What are the chances that they will act against IV? maybe this fear of losing some support is keeping the admin from removing all non-related posts? Or it could also be the amount of time and effort necessary to regularly 'clean up'.
Just a food for thought - say items non related to immigration are removed by the admin from the IV website. The person who's thread is deleted, will get ticked off. What are the chances that they will act against IV? maybe this fear of losing some support is keeping the admin from removing all non-related posts? Or it could also be the amount of time and effort necessary to regularly 'clean up'.
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unitednations
04-23 04:44 PM
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
Refer to my previous posting: if employer revokes even after 180 days; eventually everyone has been ok. However there are has been many straight denials by uscis even if person invoked ac21. Then person has problems renewing ead/ap, etc. Eventually person should be ok but in between there are some problems one needs to face. One needs to be ready to face these problems/issues.
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
Refer to my previous posting: if employer revokes even after 180 days; eventually everyone has been ok. However there are has been many straight denials by uscis even if person invoked ac21. Then person has problems renewing ead/ap, etc. Eventually person should be ok but in between there are some problems one needs to face. One needs to be ready to face these problems/issues.
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kaisersose
08-24 01:11 PM
Can someone answer this? If you get your EAD before six months of filing, do you still have to wait 6 months to benefit from AC21? Or, can you change employers immediately after you get EAD, without waiting 6 months?
AC21 has nothing to do with EAD.
AC21 has nothing to do with EAD.
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lotta
07-19 07:31 PM
-Can USCIS offer premium processing on I-485 after they re-capture lost visa numbers ?
You have to understand the semantics of the system. Probably USCIS can adjudicate the applications much sooner. However, there is no reason for them to do so. Otherwise the number of immigrants that are coming in will only increase. One way to reduce the number of incoming immigrants is to lengthen the process.
You have to understand the semantics of the system. Probably USCIS can adjudicate the applications much sooner. However, there is no reason for them to do so. Otherwise the number of immigrants that are coming in will only increase. One way to reduce the number of incoming immigrants is to lengthen the process.
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titu1972
07-13 11:35 AM
Any reason why we are all waiting for the August bulletin??? We alrerady know that the visa numbers aren't available for this year...and its also been mentioned by IV that the breaking news that everyonez expecting isnt about the visa bulletin....I am confused...could somebody throw light on this pls..why the wait?? :confused:
It seems DOS postponed to publish Visa Bulletin...due to BLACK Friday :cool:
It seems DOS postponed to publish Visa Bulletin...due to BLACK Friday :cool:
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sixburgh
08-04 07:17 AM
I thought that I will share my recent experience.
I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.
Update : 8/12/2010
I entered USA on H1 through IAD airport with ZERO questions asked.
I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.
Update : 8/12/2010
I entered USA on H1 through IAD airport with ZERO questions asked.
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grupak
03-06 06:46 PM
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
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12-14 09:52 AM
Registering myself
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11-14 03:47 AM
bumping up
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eastindia
04-19 01:19 PM
I understand that your intention is to get heard. I appreciate your effort at writing letter. However writing to the president will not help us much. Here is why:
In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.
The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))
So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.
So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.
We all need to go meet our lawmakers, educate them.
They already are educated. Do you think they do not know about us?
They fully know about us. But they will not help us because we are not voters and cannot contribute.
A better idea is to have our employers contact them. People working in large companies can do this. I am surprised why the big companies have not taken up this issue for us. Why cannot we have big companies issues statements in our favor?
In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.
The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))
So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.
So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.
We all need to go meet our lawmakers, educate them.
They already are educated. Do you think they do not know about us?
They fully know about us. But they will not help us because we are not voters and cannot contribute.
A better idea is to have our employers contact them. People working in large companies can do this. I am surprised why the big companies have not taken up this issue for us. Why cannot we have big companies issues statements in our favor?
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ebizash
07-07 01:21 PM
Thanks mayitbesoon!
I am also worried about the bureaucratic delay associated with big company. I will prepare this letter as well just in case for alst minute negotiation. Will keep you guys posted.
Anyone else has advice for me?
Thanks
ebizash
I am also worried about the bureaucratic delay associated with big company. I will prepare this letter as well just in case for alst minute negotiation. Will keep you guys posted.
Anyone else has advice for me?
Thanks
ebizash
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akhichopra
03-01 07:34 PM
Hello Folks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
talash
05-08 12:45 PM
I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .
glen
04-08 10:16 PM
This is like another feather in the hat....
Great job by IV members...
Great job by IV members...
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