desi3933
08-07 12:30 PM
Let me add my 2cents here.
This came up when I was discussing this topic with my lawyer friend -
Person can still file for GC when he/she is at school in eb3 and after finishing school, he/she can file another one for EB2 and can port the date to earlier PD, just like eb3 person who started work instead of going to school. Remember, GC is for the future job and person can not claim that he/she needs to be employed in order for GC to be filed.
Law does provide equal opportunity to both for PD recapture (aka PD porting).
Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.
This came up when I was discussing this topic with my lawyer friend -
Person can still file for GC when he/she is at school in eb3 and after finishing school, he/she can file another one for EB2 and can port the date to earlier PD, just like eb3 person who started work instead of going to school. Remember, GC is for the future job and person can not claim that he/she needs to be employed in order for GC to be filed.
Law does provide equal opportunity to both for PD recapture (aka PD porting).
Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.
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GC2002-2008
02-01 11:04 AM
This is my case in brief:
I resigned from company A (who sponsered by RIR LC, and I-140) about a year back.
Filed I485 using approved 140 of comapny A in July 07, in the485 application we mentioned the details of the current company I am working in. Got EAD and AP approved. (Company A's management is co-operative and supports me to take back)
Also got 3yr H1b extension approved for current company based on the approved I140 of company A.
Now Iam traveling to India. Had an appointment in Chennai consulate . My previous H1B visa expired in 2004.
Will there be any issues with that much gap 4yrs, in getting stamp?
Is it an issue not working for GC sponsoring employer?
If I use AP what are the issues?
If asked at PoE (Newark EWR) why not working with company A? what should be better answer?
Please respond.
I resigned from company A (who sponsered by RIR LC, and I-140) about a year back.
Filed I485 using approved 140 of comapny A in July 07, in the485 application we mentioned the details of the current company I am working in. Got EAD and AP approved. (Company A's management is co-operative and supports me to take back)
Also got 3yr H1b extension approved for current company based on the approved I140 of company A.
Now Iam traveling to India. Had an appointment in Chennai consulate . My previous H1B visa expired in 2004.
Will there be any issues with that much gap 4yrs, in getting stamp?
Is it an issue not working for GC sponsoring employer?
If I use AP what are the issues?
If asked at PoE (Newark EWR) why not working with company A? what should be better answer?
Please respond.
kshitijnt
05-10 02:26 AM
Hunter, this is the first sensible post from you. Now you agree that abusers of this H1 visa system are corporations not the immigrants on their own. So far you were busy bashing immigrants.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
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h1b_forever
06-10 01:48 PM
We as a community should oppose major violation done by these consulting firms.
The only reason these companies send people on L1 is to keep them as bonded labour giving them no chance to switch jobs. These companies can always apply for H1b for such folks, there are enough H1 visas available this year.
There is a reason there are two visa categories L1 and H1. They should not be used to circumvent immigration laws.
The only reason these companies send people on L1 is to keep them as bonded labour giving them no chance to switch jobs. These companies can always apply for H1b for such folks, there are enough H1 visas available this year.
There is a reason there are two visa categories L1 and H1. They should not be used to circumvent immigration laws.
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vikki76
10-15 12:54 PM
Wish there was a way to nudge USCIS on quicker approvals- most people know that there is case is pre-adjudicated,with IO and current. Now, if IO is taking a look at EB-4 applications then who knows..when our apps will get picked up
tempy
09-09 08:46 AM
Just enjoy your green...
I think I should ... It was a looooooong 11 year journey.
I think I should ... It was a looooooong 11 year journey.
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nkalpana
02-05 03:13 AM
Still waiting... guys please wish me well!!!
Regards,
NK
Regards,
NK
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like_watching_paint_dry
06-19 02:06 AM
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
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addsf345
11-17 11:42 AM
How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?
I read on Mutrhy and RG's website that their initial MTR are successful and CIS has re-initiated 485s. This makes sense as the revocation of 485 in above cases were against the policy and possibly just an error. Its a different thing that it can create a havoc in candidates life, particulary if the candidate doesn't have H1 to back and if he is working on EAD. What a joke!!!
I read on Mutrhy and RG's website that their initial MTR are successful and CIS has re-initiated 485s. This makes sense as the revocation of 485 in above cases were against the policy and possibly just an error. Its a different thing that it can create a havoc in candidates life, particulary if the candidate doesn't have H1 to back and if he is working on EAD. What a joke!!!
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asanghi
05-16 04:22 PM
I talked to my immigration about this today. My wife is on h4 and her h1-b is not selected in this year lottery process. I wanted her to go a school which issues CPT in less than one year so that she can start work. But my lawyer strongly recommended not to change her status from H4 to F1. My PD is 24 March 2005 EB2. Lawyer told me that it might cause a problem for my wife to get the GC on her I-485 application. Lawyer said some of her clients got through without a problem and some of her clients have problem regarding status change from h4 to f1. Fianlly i decided not to take that risk. I'm still waiting to file I-485.
My lawyer also strongly advised me against converting her H4 to F1. However since there was no visibility so I asked him what to do to get my wife working status. It was then he advised me that if she wants to start working badly then go ahead and apply for F1 but don't travel out of country while on F1.
My lawyer also strongly advised me against converting her H4 to F1. However since there was no visibility so I asked him what to do to get my wife working status. It was then he advised me that if she wants to start working badly then go ahead and apply for F1 but don't travel out of country while on F1.
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malibuguy007
09-09 05:04 PM
I called two congressman and in the process of calling others.
Had my relatives call 3 different senators as they are citizens and belong to the constituency. We can do it people.
Had my relatives call 3 different senators as they are citizens and belong to the constituency. We can do it people.
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whitecollarslave
01-11 04:27 PM
1. Ball park figure is total of 218,000 visa wasted from previous years. How much of it will go to EBs (and others) will be based on how the recapture gets implemented. If we don't do anything and sit quiet, it may as well be ZERO. Nurses will walk away with the cake
2. President can pass an 'Executive Order' to pass interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.
What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?
Thanks!
2. President can pass an 'Executive Order' to pass interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.
What is the source for the number 218,000? Is this purely speculation or in some official reports? USCIS Ombudsman report, some official USCIS publication or from any other organization?
Thanks!
more...
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PlainSpeak
04-06 08:32 AM
And their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")
On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.
Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)
Yes you are right ..
Country caps are not followed or implemented in spillover visas. Why do you think EB2I moved to May 2006 last year July 2010
On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.
Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)
Yes you are right ..
Country caps are not followed or implemented in spillover visas. Why do you think EB2I moved to May 2006 last year July 2010
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brb2
10-07 09:21 PM
She may have been nice, but she did not give you correct information. I don't know where you "spoke to a very nice IO", but if it is the phone line, they are outsourced phone operators who are poorly trained and do not have access to the information that IO's have.
FBI name check comes back in 2 weeks at the most, if not then it could take 2 months to 5 years or so.
Hi
I just spoke to a very nice IO. I asked about my name check , she said that it's pendig and FBI name check is 9 months behind the scheduale. That all the information she gave me.
does everybody go through FBI check name or only a percentage?
FBI name check comes back in 2 weeks at the most, if not then it could take 2 months to 5 years or so.
Hi
I just spoke to a very nice IO. I asked about my name check , she said that it's pendig and FBI name check is 9 months behind the scheduale. That all the information she gave me.
does everybody go through FBI check name or only a percentage?
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SunnySurya
08-06 08:04 PM
THIS ISSUE IS CLOSED NOW. MISSION ACCOMPLISHED. WITH SOME REGRETS
See the final results http://immigrationvoice.org/forum/showthread.php?p=300225#post300225
*****************
Original Message:
There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit or next course of action
(as of 08-29-08 , we have dropped the idea of lawsuit and are pursuing other avenues)
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
See the final results http://immigrationvoice.org/forum/showthread.php?p=300225#post300225
*****************
Original Message:
There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.
Following are the steps in making this a reality:
a) Gather around 50 people
b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
c) Hold initial consultation with a lawyer.
d) Decide as a team if we want to continue.
e) File a class action suit or next course of action
(as of 08-29-08 , we have dropped the idea of lawsuit and are pursuing other avenues)
Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
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Lisap
10-03 04:11 PM
i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system
Thank you for your response. I filed on July 2nd. Spoke to uscis imm officer this week and they said my criminal check cleared but my name check was still pending.... Just a waiting game I guess
Thank you for your response. I filed on July 2nd. Spoke to uscis imm officer this week and they said my criminal check cleared but my name check was still pending.... Just a waiting game I guess
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snathan
08-20 06:33 PM
I have similar experience. I moved to sunrocket (which is now teleblend) from vonage. I pay half of what I used to pay vonage for same services/usage.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.
I also had Teleblend world...but I removed the unlimited world as it was $35. Lets see they might come up with something like this.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.
I also had Teleblend world...but I removed the unlimited world as it was $35. Lets see they might come up with something like this.
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srinitls
09-20 01:36 PM
No checks withdrawn. Filed on July 2nd.
Is there anything we could do?
Ship (P/U) date: Jun 30, 2007
Delivery date: Jul 2, 2007 10:25 AM
Sign for by: J.BARRRET
Delivered to: Shipping/Receiving
Service type: FedEx Priority Overnight
Is there anything we could do?
Ship (P/U) date: Jun 30, 2007
Delivery date: Jul 2, 2007 10:25 AM
Sign for by: J.BARRRET
Delivered to: Shipping/Receiving
Service type: FedEx Priority Overnight
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dhirajs98
06-20 10:27 PM
I have one PERM EB2 labor certified and I-140 PP in under process. Received an RFE for I-140 on June 1st and my company's paralegal analyst responded back on June 6th. Since then there is no news on my I-140. I have another RIR EB3 labor stuck in DBEC based on the case analyst email it should be cleared by June 30th but there is no assurnace on that. Now I am in a fix whether I should file my I-485 on the PERM EB2 where I-140 is stuck with an RFE or should wait for RIR EB3 to get approved.
Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?
Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.
Thanks,
-Dhiraj
Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?
Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.
Thanks,
-Dhiraj
gc_on_demand
04-01 01:21 PM
I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
gc_buddy
10-28 02:48 PM
I will send the letters.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
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