eb3India
10-05 10:39 PM
We have many in our company went back to India after applying 485 or with pending labor, their GC process still in progress
but they choose to goto India mainly becuase of uncertain GC process
I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters
if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here
oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more
but they choose to goto India mainly becuase of uncertain GC process
I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters
if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here
oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more
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conundrum
05-29 08:05 PM
way to go... What optimism!!!
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
kumhyd2
07-18 02:31 PM
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
3) I-485
a) Allow one to get married while I-485 is pending or after approval or provide some status to the spouse for whose I-485 is approved
b) Have the flexibility of filing multiple 485's so that one can choose the best one at end of the approval stage
4) Finger Printing
a) ...
b) ...
5) Backlog
a) Resolve backlogs from 1999.. so and so..
OR in the following format
1) Labor
a) Issue : One cannot change job position while a labor is approved
Soln: Allow one to get promoted instead fixing to a fixed job position in the labor advt. Say so and so provision/act/amendment (Sect 2.3.1 blah blah has to be changed to resolve this issue.
2) I-140
a) Issue: More RFE's for I-140 change in job profiles
Soln: As the time passes and technologies changes the job profiles may change and it is not wise to look for word to word match in the job descriptions. Say so and so provision/act/amendment (Sect 5.3.2 blah blah has to be changed to resolve this issue.
b) Have freedom to change employer when I-140 is pending
Soln: The time taking for getting the PD is too long and so EAD has to be issued at the I-140 stage itself. Provision/act/amendment (Sect 2.3.4 blah blah has to be changed to resolve this issue.
3) I-485
a) Issue: One cannot get married and bring the spouse while I-485 is pending
Soln : As most of the GC aspirants are in their marriage age and this hampers prospect of getting married when I-485 is pending. Allow one to get married while I-485 is pending or after approval or provide some status to the spouse for whose I-485 is approved. Section 6..7..8 blah blah has to be modified to accomodate this
b) Have the flexibility of filing multiple 485's so that one can choose the best one at end of the approval stage
Soln: Give the freedom for some one to file multiple 485's but allow to choose one. Modify section 554.34.3.34 blah
4) Finger Printing
a) blah blah..
b) blah blah
5) Backlog
a) Resolve backlogs from 1999.. so and so..
I just cooked up some above but the actual one's may be different
I am sure the IV Core must have these itemized already. Some one in the core team may take a lead on this and formalize the process. This is what probably the way we try resolving problems rather than balabbering issues among ourselves in the postings amongst us.
There are lot many individual stories on different threads, and there is some thing common out of all these postings and that common issue should be the action item to be taken up by IV.
Guys put in your thoughts and come up with better approach or improve up one of the above approaches. But do something before every looses the tempo.
If this can be made as a sticky and the first post can be updated with each new issue that itself takes us what we need to do and how we are trying to tackle and what are the time lines.
Hope this helps
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
3) I-485
a) Allow one to get married while I-485 is pending or after approval or provide some status to the spouse for whose I-485 is approved
b) Have the flexibility of filing multiple 485's so that one can choose the best one at end of the approval stage
4) Finger Printing
a) ...
b) ...
5) Backlog
a) Resolve backlogs from 1999.. so and so..
OR in the following format
1) Labor
a) Issue : One cannot change job position while a labor is approved
Soln: Allow one to get promoted instead fixing to a fixed job position in the labor advt. Say so and so provision/act/amendment (Sect 2.3.1 blah blah has to be changed to resolve this issue.
2) I-140
a) Issue: More RFE's for I-140 change in job profiles
Soln: As the time passes and technologies changes the job profiles may change and it is not wise to look for word to word match in the job descriptions. Say so and so provision/act/amendment (Sect 5.3.2 blah blah has to be changed to resolve this issue.
b) Have freedom to change employer when I-140 is pending
Soln: The time taking for getting the PD is too long and so EAD has to be issued at the I-140 stage itself. Provision/act/amendment (Sect 2.3.4 blah blah has to be changed to resolve this issue.
3) I-485
a) Issue: One cannot get married and bring the spouse while I-485 is pending
Soln : As most of the GC aspirants are in their marriage age and this hampers prospect of getting married when I-485 is pending. Allow one to get married while I-485 is pending or after approval or provide some status to the spouse for whose I-485 is approved. Section 6..7..8 blah blah has to be modified to accomodate this
b) Have the flexibility of filing multiple 485's so that one can choose the best one at end of the approval stage
Soln: Give the freedom for some one to file multiple 485's but allow to choose one. Modify section 554.34.3.34 blah
4) Finger Printing
a) blah blah..
b) blah blah
5) Backlog
a) Resolve backlogs from 1999.. so and so..
I just cooked up some above but the actual one's may be different
I am sure the IV Core must have these itemized already. Some one in the core team may take a lead on this and formalize the process. This is what probably the way we try resolving problems rather than balabbering issues among ourselves in the postings amongst us.
There are lot many individual stories on different threads, and there is some thing common out of all these postings and that common issue should be the action item to be taken up by IV.
Guys put in your thoughts and come up with better approach or improve up one of the above approaches. But do something before every looses the tempo.
If this can be made as a sticky and the first post can be updated with each new issue that itself takes us what we need to do and how we are trying to tackle and what are the time lines.
Hope this helps
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cbpds
01-27 03:07 PM
give them free samosas and they will be there in full strength to support IV
How many times have you met your lawmaker offices in person in the last 1 year asking for a bill?
If your answer is zero or 1, then that is the reason no bill never sees light of the day.
If our community does not go out and meet lawmakers, their plight will stay buried inside the forum threads.
How many times have you met your lawmaker offices in person in the last 1 year asking for a bill?
If your answer is zero or 1, then that is the reason no bill never sees light of the day.
If our community does not go out and meet lawmakers, their plight will stay buried inside the forum threads.
more...
LostInGCProcess
09-16 05:59 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
rajarao
11-15 08:03 PM
I am in Buffalo Grove, IL.
Are we creating a mailing list so that everyone knows where we are?..
Are we creating a mailing list so that everyone knows where we are?..
more...
qplearn
10-09 04:50 PM
that is a good guess - I hope it is correct.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
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add78
03-18 04:58 PM
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.
more...
rxsimha
03-17 04:09 PM
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
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khans02
11-11 02:22 PM
We went home after my wife started working using the EAD. After we came back we applied for your H1 and H4 extension and one we got that now we are in H status instead of EAD status. It is a little tricky. When we came back we entered as parolee but once we applied and extended our H1\H4 status we ar eback to H1\H4 status. Your lawyer would be able to explain it better.
My lawyer suggetsed that it is better to be in H status as it gives some manuvering time and opportunity in case the 485 is denied.
Thanks
My lawyer suggetsed that it is better to be in H status as it gives some manuvering time and opportunity in case the 485 is denied.
Thanks
more...
WillIBLucky
08-27 01:54 PM
Recently I spoke a IO at NSC and she specifically told me that the local office does not see if its assigned to an officer or not. All they see is what room it is in. Ironically, the rooms names are like name of a person.
So it may not be with an IO realistically. The infopass information may not be the best answers you get.
So it may not be with an IO realistically. The infopass information may not be the best answers you get.
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krishnam70
08-14 04:35 PM
My wife and daughter planning to go to India next month. They do not have H4 stamping but H4 validity is there up to next year. Plan is to come back after receiving AP. I am thinking that once their AP is approved I will send their AP to India, and they will come back using that AP. Experts, do you see any problem in this. Please share your thoughts.
Thanks, Regards
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
Thanks, Regards
There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.
-ch
more...
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nixstor
09-19 03:16 PM
I see that currently there are 57 members and 195 guests currently. I understand that there might be people from anti immigration groups browsing through as well. Ignoring them,How about sending an online pop up message requesting the guest to register as a member and contribute if they want? I am just trying to tap those guys in who are a bit lazy or silent observers who are reticent and come out only on the day when they got their LC approved or something significant happens. We ill make it a point on the pop up that membership does matter and its not mandatory that they contribute.
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nat23
02-22 10:08 AM
Is the text of CIR already published? Is there a link to that?
Its mentioned in the article on Washington Times (the link is given above)
Its mentioned in the article on Washington Times (the link is given above)
more...
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ndbhatt
11-15 10:37 AM
I think ppl who have masters or above from accredited US university shouldn't have any visa restriction; meaning they shouldn't be counted towards their country quota. No cap for Masters from US University -:)
P.S. I don't have masters from US.
bhattji
P.S. I don't have masters from US.
bhattji
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TomTancredo
01-10 05:21 PM
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
I think this is a clear and good example of AC21 working.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
I think this is a clear and good example of AC21 working.
more...
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optimystic
03-28 08:08 PM
Right but if my doubts are valid and USCIS may be planning to act in the said way then we can proudly say that " we have been legally fooled" by USCIS.
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
May be one of the items in Admin fixes campaign should be to request for better transparency from USCIS.
If you have transparency, a lot of issues will automatically see light and be raised in senate sessions, in media, etc.
Stupid info like Processing Dates, which retrogress for stupid unknown reasons and are utterly useless information help no one.
Some of the things that should be transparent and should be reported every month are
1) Range of Recpt dates (earliest date and latest date) processed/opened by a service center in a month. This will help us understand if they are following FIFO or not
2) Range of PDs approved/adjudicated/visa number assigned in a given month at a given service center
earliest PD(date, EB category) &
latest PD (date, EB category) &
This will tell us whether they are adhering to their own rule of adjudicate cases and assign visa #s only when PD is current
3) How many Visa numbers have been used up in each category so far. (They definitely have this information, otherwise what is the basis for them to suddenly move PDs ahead so as to use more visa numbers ! )
This will expose the speed (or the lack of it! ) at which they are using visa numbers and potential for wastage
The Gurus can probably come up with other metrics.
Most of these should be easily generated by USCIS...and this transparency will force them to work efficiently/correctly.
And since such data would also help Administration, they might like the proposal, and willing to force USCIS to start publishing such data.
Then we wont have a use for sites like :) (sorry Mr. Goel ! )
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DDLMODES
07-13 01:19 PM
I hope that never, ever, ever happens. Actually, I'm sure it never will. :p
I second that !
And also I don't see how that will solve anything. Visa #'s are the problem not the distribution of the #'s.
;)
I second that !
And also I don't see how that will solve anything. Visa #'s are the problem not the distribution of the #'s.
;)
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jungalee43
05-24 12:28 PM
Sent
waitnwatch
05-06 01:02 PM
Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
maverick_neo
08-14 01:44 PM
I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?
OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.
Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?
:confused:
Thanks in advance
OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.
Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?
:confused:
Thanks in advance