ItIsNotFunny
02-13 01:43 PM
Ash,
I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.
We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).
There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.
I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
....
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.
We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).
There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.
I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
....
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
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agaudi
11-13 12:10 PM
The are playing with all of us, At this point after almost 10 years of following the law in order to get a GC I guess that is better to be undocumented. They at least can swith jobs or do other things, not paying lawyers USICS fees taxes etc etc. We are prisoners in this broken immigration system. the other day I called USCIS to see why my and my family's apps haven't been processed yet. They said they will review my case. 5 days later I got three identical e mails telling me they are ACTIVELY working on our cases! Can you believe that? I'm tired of all of this and I want to do whatever it takes to finish with this, I think I can produce more for me, my family and this country, but I'm loosing my youth in this battle. Tell me what to do and I'll do it.
ramus
07-02 10:40 PM
every single amont matters... Thank you for your contribution and please ask others to contribute and help us moving this thread..
Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.
Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.
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nirenjoshi
11-12 03:51 PM
I am tracking the pace at which the FOIA requests are moving forward..
Request #NRC2008064184 moved from
65283 out of 66115 on 11/6/08 to
64565 out of 65477 pending requests on 11/12/08
At this rate, its moving ahead by about 100 requests per day. It will take 2 years to just get these requests cleared. And this particular request was on Track Two. Most others are on the Complex track which might take even longer.. :(
Request #NRC2008064184 moved from
65283 out of 66115 on 11/6/08 to
64565 out of 65477 pending requests on 11/12/08
At this rate, its moving ahead by about 100 requests per day. It will take 2 years to just get these requests cleared. And this particular request was on Track Two. Most others are on the Complex track which might take even longer.. :(
more...
new_gc
12-17 03:25 PM
My labor is filed in EB3 , and i am awaiting Certification.
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
abd
09-23 01:54 PM
Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
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cgs
11-22 02:54 PM
I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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iamgsprabhu
10-15 02:55 PM
Kindly download the Attached Doc.
more...
smartboy75
07-11 12:47 PM
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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logiclife
01-30 01:07 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
more...
niklshah
09-10 02:37 PM
can some one pls post the link for live telecast
thanks
thanks
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amsgc
03-16 04:51 PM
It is good to see a sensible post in a long time.
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
more...
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ashishgour
09-10 02:03 PM
Guess they had an extended lunch session...!!! Finally back..but no discussion yet...
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askbz1
04-07 07:29 PM
http://immigrationvoice.org/forum/showthread.php?p=332839#post332839
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cps060
01-31 04:48 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
BTW , he has no plans to travel out of country so stamping is not an issue.
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nirenjoshi
11-04 09:02 AM
Got the Request Reference #, but the request is on complex track.
I am thinking of modifying the request to just my category and only upto my PD date, since the letter says that more specific requests might be put on faster track.
Let me know what you guys think. Should we leave it on complex track or ask for more specific information?
Also, any idea how long would it take for USCIS to act on the request -are we looking at months or weeks?
Thanks,
I am thinking of modifying the request to just my category and only upto my PD date, since the letter says that more specific requests might be put on faster track.
Let me know what you guys think. Should we leave it on complex track or ask for more specific information?
Also, any idea how long would it take for USCIS to act on the request -are we looking at months or weeks?
Thanks,
more...
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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newuser
04-21 11:45 PM
Thanks for the updates.
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ashkam
07-28 12:31 PM
Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
rvr_jcop
02-12 03:55 PM
Nice read...I own a home too. If I have a GC now, I am in a position to pay off considerable amount on my mortgage. I know its a drop in the ocean but I am sure there are lot of people like me.
perm2gc
01-10 09:33 PM
http://www.canadiandesi.com/read.php?TID=16132
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