rameshvaid
03-15 09:44 PM
Getting expungemen t wouldnot help in his case.
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
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riva2005
04-16 12:45 PM
Guys if you compare the way people live and spend in India, I think they are more well off then we are. I know some friends here, all they do is, look for coupons. They’ll fight all day with Customer care reps for $1 extra that company charged, they don’t leave tips when they eat out and they eat out once in 6 months. Except for a Camry and a leather chair may be a better bed, what is this guy doing better than he would have done in India. Atleast there he had a ‘Kamwaali’ who did the cleaning for his family. He had a tutor who taught his daughter. Here in US all he’s doing is cleaning bathrooms, kitchen their his children ad driving his Camry.
Not only they are saving $1 by fighting with customer service rep to dispute the $1 admin fee on the phone bill or some other fake charge on credit card bill, they are also saving a lot of money by not contributing to Immigration Voice.
So combine all this:
1. Being cheap patrons at restaurant, not giving tips (buffet restaurants dont deserve tips according to the cheap indians).
2. Bringing stinky dinner for next day's lunch therby saving lunch money and not eating out with co-workers. Even more savings from potential situations where you have to tip.
3. Wearing sneakers instead of leather shoes on weekdays. Sneakers are cheaper than leather shoes and sometimes even look good with trousers and dress shirts.(yeah right...)
4. AND MOST IMPORTANTLY...BEING SMART ABOUT IMMIGRATION VOICE AND NOT CONTRIBUTING $20 per MONTH.
See, all this adds up to a fortune when you multiply dollars times 40 (or 43 or 38 whatever the heck the exchange rate is)..........................
Not only they are saving $1 by fighting with customer service rep to dispute the $1 admin fee on the phone bill or some other fake charge on credit card bill, they are also saving a lot of money by not contributing to Immigration Voice.
So combine all this:
1. Being cheap patrons at restaurant, not giving tips (buffet restaurants dont deserve tips according to the cheap indians).
2. Bringing stinky dinner for next day's lunch therby saving lunch money and not eating out with co-workers. Even more savings from potential situations where you have to tip.
3. Wearing sneakers instead of leather shoes on weekdays. Sneakers are cheaper than leather shoes and sometimes even look good with trousers and dress shirts.(yeah right...)
4. AND MOST IMPORTANTLY...BEING SMART ABOUT IMMIGRATION VOICE AND NOT CONTRIBUTING $20 per MONTH.
See, all this adds up to a fortune when you multiply dollars times 40 (or 43 or 38 whatever the heck the exchange rate is)..........................
ravi.shah
04-19 08:19 AM
Somebody knew already....
Obama to hold meeting on immigration reform | AP Texas News | Chron.com - Houston Chronicle (http://www.chron.com/disp/story.mpl/ap/tx/7527577.html)
Thanks for the link, planets !
But....
Tarikh pe tarikh, tarikh pe tarikh........... :(
Obama to hold meeting on immigration reform | AP Texas News | Chron.com - Houston Chronicle (http://www.chron.com/disp/story.mpl/ap/tx/7527577.html)
Thanks for the link, planets !
But....
Tarikh pe tarikh, tarikh pe tarikh........... :(
2011 Hi,
coolstonesa
03-27 06:18 PM
If I read you correctly, and if someone from IV does appear before congress, we should expect BEC mess/failure (PBEC in particular) also being brought to the attention of the lawmakers, not just the retrogression. Correct?
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
more...
texanguy
01-14 01:57 PM
H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.
Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation
Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation
amitjoey
05-22 03:38 PM
Just signed up to contribute $20 per month. Will bump up the amount soon!!
Thanks srgadi. Need more people to come forward.
Thanks srgadi. Need more people to come forward.
more...
thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
2010 Widescreen Wallpaper
ramus
10-14 07:42 AM
TSC.. received date is 09/29
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jsb
07-31 12:55 PM
Make it
EB1 India Unavailable
EB2 India Current
EB3 India Current
Jokes apart, by now USCIS knows dual effect of cut off date advancing. It makes visa available for I-485 filers with PD prior to the new cut off date. It also invites additional I-485filings with eligible PD's. In an effort to finish with leftover visas in September, USCIS might move cutoff dates upto July 07, but not beyond. They know, doing that will get them more I-485 filings for which they are not prepared.
Let us see what comes out for September. If there is a big movement, as in the past, some lucky ones will get GC ahead of others.
EB1 India Unavailable
EB2 India Current
EB3 India Current
Jokes apart, by now USCIS knows dual effect of cut off date advancing. It makes visa available for I-485 filers with PD prior to the new cut off date. It also invites additional I-485filings with eligible PD's. In an effort to finish with leftover visas in September, USCIS might move cutoff dates upto July 07, but not beyond. They know, doing that will get them more I-485 filings for which they are not prepared.
Let us see what comes out for September. If there is a big movement, as in the past, some lucky ones will get GC ahead of others.
hair wallpaper desktop widescreen.
Slowhand
08-15 10:38 AM
[QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
You can leave even before your GC comes through by invoking AC21.
Frankly, I think the 6 month period is propaganda.
its my opinion and not legal opinion.
You can leave even before your GC comes through by invoking AC21.
Frankly, I think the 6 month period is propaganda.
its my opinion and not legal opinion.
more...
gcisadawg
09-06 08:20 PM
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
ramaonline,
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
Thanks,
gcisadawg
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
ramaonline,
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
Thanks,
gcisadawg
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svgupta
05-22 05:58 PM
Guys, this is the time ....
..I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.
Comeon! why are folks waiting to contribute? Go ahead... make a contribution to your better being (and have a signature as well to show others your spirit for IV)!:cool:
..I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.
Comeon! why are folks waiting to contribute? Go ahead... make a contribution to your better being (and have a signature as well to show others your spirit for IV)!:cool:
more...
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return_to_india
10-02 01:03 AM
How about tourist visa? you can get multiple entry for 10 years, but I guess no of months you can stay in India is a question. I am applying for my son too, both of us hold Indian passport, what you guys suggest? go for OCI?
RK
I think, to be eligible for OCI, at least one parent should be US citizen.
RK
I think, to be eligible for OCI, at least one parent should be US citizen.
tattoo Rampal desktop widescreen
somegchuh
11-18 02:41 AM
I just wanted to get this discussion back on track of ppl wanting to be able rise up a little, let their wives work and feel the freedom to make a decision to go back.
Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.
Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?
Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.
Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?
more...
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sriramkalyan
05-28 06:26 PM
It is getting clear now why Legal Backlogs are not touched in this present Bill.
Because Home Land Security Dep budgets depend on them..If backlogs are gone .. Budget is gone ...
So our backlogged cases will not get relief ..Looks like this will remain unfair reality
Because Home Land Security Dep budgets depend on them..If backlogs are gone .. Budget is gone ...
So our backlogged cases will not get relief ..Looks like this will remain unfair reality
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Immi_Chant
08-03 07:50 PM
Anyways, thanks RDB for your response.
But as USCIS is putting so much "efforts" in preadjudication 1000's of cases, can't they say whether we are preadjudicated or not? They Only worry about milking us by increasing visa fee, delaying processing time and all other means...
But as USCIS is putting so much "efforts" in preadjudication 1000's of cases, can't they say whether we are preadjudicated or not? They Only worry about milking us by increasing visa fee, delaying processing time and all other means...
more...
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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.
girlfriend Widescreen
hopefulgc
08-05 06:01 PM
wah wah ustaad kha dala.. kya shayari farmiye hai
translation: what a really great poem!
How about this piece of Mirza Ghalib?
Aaj Muje Masjidme bethakar pine de
varna aysi jaga bata jaha Khuda na Ho
Translation:
"Today, let me drink liquor in the MASJID (Muslim holi place like Temple of Hindus and church of Christians)
Otherwise, please show me the place where there is no God exist."
We are Little side track in the past while predicting the future (Sept VB) !!!
translation: what a really great poem!
How about this piece of Mirza Ghalib?
Aaj Muje Masjidme bethakar pine de
varna aysi jaga bata jaha Khuda na Ho
Translation:
"Today, let me drink liquor in the MASJID (Muslim holi place like Temple of Hindus and church of Christians)
Otherwise, please show me the place where there is no God exist."
We are Little side track in the past while predicting the future (Sept VB) !!!
hairstyles wallpaper desktop widescreen.
NoMoreSilence
01-18 07:35 AM
:confused: I donated $101 thru Paypal yesterday to move the number 14386 up fast. But it did not change at all!!:confused:
chanduv23
07-08 03:56 PM
Hello Gurus,
I too have changed employer (B) from july 1st and have not yet filed AC21.
I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.
I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.
What are my best choices in this situation?
BTW, I have paid all the legal expenses for H1s and GC processing.
Looking forward to Guru's replies....
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
I too have changed employer (B) from july 1st and have not yet filed AC21.
I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.
I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.
What are my best choices in this situation?
BTW, I have paid all the legal expenses for H1s and GC processing.
Looking forward to Guru's replies....
Why does the Attorney want employer's permission? All you need is a copy of i 140 approval notice and "if possible" copy of the labor petition.
You may want to change your Attorney on file, you can contact some popular attorneys like Rajiv or Murthy and they will gladly help you through.
vinodp1978
06-28 02:00 PM
According to this from Murthy:
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
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