sanju
04-25 11:00 PM
Point based system!!!! Is this is joke???? Tell me this is not true and this is just a bad dream, please!!!!
Let’s see what a point based system has done to people..... Whom do we have here, a doctor, an engineer and one MBA. OK!!! Lets see what Point based system did to these guys -
Doctor
http://www.youtube.com/watch?v=EX6h-Ut-ZaE
Engineer
http://www.youtube.com/watch?v=lCkmtQ4um9w
MBA
http://www.youtube.com/watch?v=ZP9cQelrmc0
No offense to anybody from Canada. I am simply trying to illustrate the rationale about the GREATEST IDEA OF THE CENTURY, THE SILVER BULLET, THE FINAL FRONTIER TO ALL IMMIGRATION PROBLEMS - "point based system"!!!!! Oh really???
Let’s see what a point based system has done to people..... Whom do we have here, a doctor, an engineer and one MBA. OK!!! Lets see what Point based system did to these guys -
Doctor
http://www.youtube.com/watch?v=EX6h-Ut-ZaE
Engineer
http://www.youtube.com/watch?v=lCkmtQ4um9w
MBA
http://www.youtube.com/watch?v=ZP9cQelrmc0
No offense to anybody from Canada. I am simply trying to illustrate the rationale about the GREATEST IDEA OF THE CENTURY, THE SILVER BULLET, THE FINAL FRONTIER TO ALL IMMIGRATION PROBLEMS - "point based system"!!!!! Oh really???
wallpaper avatar the last airbender
mbawa2574
11-17 08:36 PM
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Expose these filthy cockroaches @ ur desi bodyshop. They should all be packed and deported from this country. Not only they are blood suckers but give us all the bad name.
OR
If you On your H1 - What they made you do is illegal. Go ahead and switch the job. In case they come after you, threaten them that u r going to report them to USCIS. No dirt bag will come after you...guaranteed
Someone wrote in aonther thread about the "greatness" of a blood sucking bodyshops. Can you feel the greatness here................hmmmmm:mad::mad::mad::mad:.
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Expose these filthy cockroaches @ ur desi bodyshop. They should all be packed and deported from this country. Not only they are blood suckers but give us all the bad name.
OR
If you On your H1 - What they made you do is illegal. Go ahead and switch the job. In case they come after you, threaten them that u r going to report them to USCIS. No dirt bag will come after you...guaranteed
Someone wrote in aonther thread about the "greatness" of a blood sucking bodyshops. Can you feel the greatness here................hmmmmm:mad::mad::mad::mad:.
belmontboy
03-15 11:40 PM
By the way is it you who gave red...:mad:
No. I don't have any reason to give you red for this post.
No. I don't have any reason to give you red for this post.
2011 +last+airbender+aang+and+
munnu77
05-14 11:05 AM
Hang in there..guys
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makemygc
08-27 12:26 PM
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
humdesi
12-11 11:59 PM
Did you mean "strategic"?
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sunny1000
10-11 11:18 AM
Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.
What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?
USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.
PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.
Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.
First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.
Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.
And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.
If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .
Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.
What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?
USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.
PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.
Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.
First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.
Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.
And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.
If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .
Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.
2010 Katara amp; Aang - Avatar: The
potatoeater
08-05 11:21 AM
Couldnt agree with you more - absolute magic from ghalib
Actually, the lyrics are from Shahryar.
http://en.wikipedia.org/wiki/Akhlaq_Mohammed_Khan_'Shahryar'
Just wanted to give the credit to the right guy. Most ppl think of only Ghalib when it comes to Urdu poetry. There are many others too.
And of course, Khayyam's music and Asha's haunting voice contributed to magic too.
Actually, the lyrics are from Shahryar.
http://en.wikipedia.org/wiki/Akhlaq_Mohammed_Khan_'Shahryar'
Just wanted to give the credit to the right guy. Most ppl think of only Ghalib when it comes to Urdu poetry. There are many others too.
And of course, Khayyam's music and Asha's haunting voice contributed to magic too.
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alapkd
09-06 02:49 PM
Just for ALKPD....
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
hair Gang aang, katara, avatar yes,
mantagon
04-02 02:44 PM
Thank you so much mantagon. A ray of hope in between such stupid posts.
God bless you.
Thanks for leading this effort.
God bless you.
Thanks for leading this effort.
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sands
11-04 06:24 PM
5K limit has been removed since long back,now its allowed upto 100,000 K dollars as gift from India but you have just have to prove that the amount doesn't have tax liability left on it.
hot avatar last airbender aang and
lazycis
05-01 09:24 PM
Actually...with India growing up fast....i do not know if I am wasting time here.....want to go back .....
If there is no growth in India...then it makes sense to stay here....
https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...
If there is no growth in India...then it makes sense to stay here....
https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...
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house Avatar The Last Airbender Aang
sdrblr
08-27 11:30 AM
I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....
But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.
I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.
SoP
tattoo Katara Avatar: The Last
ultimo
09-20 09:37 AM
He means July 2008, i.e. the last quarter of the year when USCIS feels the need to use up the 140,000 visas.
If that happens again it will be sick. But it is an easy way for USCIS to avoid processing applications in priority date order. Just have DoS (dept of state) make the bulletin move forward or make current for a brief time, then they can approve applications in any order convenient for them. Then move it back again so no one can send them new applications.
Think I'm kidding, that's what the 2007 July mess was caused by!
now there is no order they can approve any application where i-140 is approved, background check is done they will get GC .
Thats a good thing
If that happens again it will be sick. But it is an easy way for USCIS to avoid processing applications in priority date order. Just have DoS (dept of state) make the bulletin move forward or make current for a brief time, then they can approve applications in any order convenient for them. Then move it back again so no one can send them new applications.
Think I'm kidding, that's what the 2007 July mess was caused by!
now there is no order they can approve any application where i-140 is approved, background check is done they will get GC .
Thats a good thing
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pictures The Last Airbender
gc101
07-19 01:57 PM
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
dresses XD Aang and Katara Lions from
nixstor
10-12 01:45 PM
[QUOTE=nelsonagn]"So who ever were able to sneak in under that category, will get their GC."
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?
more...
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chanduv23
10-02 02:02 PM
Looks like this meeting is going to be fun..
I'll try my best to make it..
yes - and your presence is a must.
Come on folks - lets all meet and make this a mega event
I'll try my best to make it..
yes - and your presence is a must.
Come on folks - lets all meet and make this a mega event
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glamzon
09-11 03:40 PM
Already posted .. Thanks anyway
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desi3933
02-11 03:00 PM
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
Who has revoked your I-140?
Is it beacuse of revocation request by Employer
OR
USCIS revoked it as it was approved in error.
There is a big difference between the two?
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
Who has revoked your I-140?
Is it beacuse of revocation request by Employer
OR
USCIS revoked it as it was approved in error.
There is a big difference between the two?
gc101
08-01 06:44 PM
I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
a) That is what I am hoping. If not, I am screwed. I planned to go ahead apply for I-485.
b) ??? :(
c) If USCIS doesn't go by PD, everybody is screwed....
d) as long as possible --- What does this mean? I have to keep on extending my H1B , that's all , right. Or while coming back from India, will the Immigration officer force you to start using EAD?
Comments would be appreciated.
Thankyou,
gc101.
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
a) That is what I am hoping. If not, I am screwed. I planned to go ahead apply for I-485.
b) ??? :(
c) If USCIS doesn't go by PD, everybody is screwed....
d) as long as possible --- What does this mean? I have to keep on extending my H1B , that's all , right. Or while coming back from India, will the Immigration officer force you to start using EAD?
Comments would be appreciated.
Thankyou,
gc101.
freedom_fighter
07-01 10:13 PM
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
.
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
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