md2003
04-28 07:06 PM
I don't believe Matthew Oh. Eventually he is going to say INS still not yet approved .
wallpaper Fireworks Clip-Art Wrapping
willigetgc?
01-14 12:03 PM
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desim
07-14 11:13 PM
Thank you for your service and to IV for helping us.
I have a question regarding my wife's status. Here is our current status:
She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.
Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.
My questions are
1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
2. If so which form will it be I-129? Is there premium processing available for this?
Thanks!
I have a question regarding my wife's status. Here is our current status:
She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.
Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.
My questions are
1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
2. If so which form will it be I-129? Is there premium processing available for this?
Thanks!
2011 4th of july page border
chanduv23
07-04 11:21 AM
DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.
We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.
That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.
In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.
REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.
If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.
Have a great holiday - today.
We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.
That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.
In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.
REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.
If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.
Have a great holiday - today.
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whoever
02-22 01:52 PM
whatamidoinghere, I am looking forward to hearing the statistics from you. When are you going to work on it? I
chanduv23
09-04 10:35 PM
This MF doesn't even have minimum decency to just leave alone a Dead Man.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
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kshitijnt
03-29 11:23 PM
I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.
Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".
Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".
2010 4Th of July Clip Art 4th of
sapota
02-12 12:54 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
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chanduv23
06-27 11:36 PM
Or maybe just present a piece of toasted bread and the locals will consider this as a good 2x2 of a miracle (...photo). Once the "belt" supports him he needs no further support. Path to citizenship will be through a "divine escalator"... ;)
Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...
What about Mary Magdelene? The Holy Grail is enough proof for her GC??
Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...
What about Mary Magdelene? The Holy Grail is enough proof for her GC??
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unseenguy
06-11 06:20 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
With this kind of attitude, I wonder what fresh ideas or "bright" ideas you bring to the table and how qualified you are to say this. Enjoy your LUCK and thats it. You are no more qualified.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
With this kind of attitude, I wonder what fresh ideas or "bright" ideas you bring to the table and how qualified you are to say this. Enjoy your LUCK and thats it. You are no more qualified.
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unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
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diptam
07-04 12:07 AM
Agreed !!
These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....
They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...
But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???
Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories
These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....
They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...
But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???
Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories
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logiclife
06-26 08:16 PM
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
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gcformeornot
01-13 08:55 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
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ingegarcia
10-10 08:59 AM
This is half truth.
Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.
Current retrogression, it is not possible to go from TN1 to GC.
My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.
Thanks for the information. :D
Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.
Current retrogression, it is not possible to go from TN1 to GC.
My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.
Thanks for the information. :D
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svr_76
05-12 02:13 PM
I think this forum is the wrong place to discuss any of this. The thread must be deleted.
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mbawa2574
02-15 07:18 PM
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
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aranya
12-14 04:13 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
Dakota Newfie
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
Dakota Newfie
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
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taarine
07-21 05:02 PM
Folks, let's not stereotype desis or any particular race. I ran into this Malaysian couple of Chinese descent who approached my wife and I at IKEA in the Chicago area. They tried some of the same techniques as described in this thread...
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
ash27
03-31 11:16 PM
Sk2006, I don't understand why would you like this thread to be deleted. I understand that this is immigration forum but I do not see any issues discussing other topics that other people are interested.... Please do not discourage people from discussing other issues that may be relevant. If you are not interested, you are more than welcome to not go through this thread....
AirWaterandGC
05-12 08:04 AM
Thanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
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