willgetgc2005
03-20 07:26 PM
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
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meera_godse
01-31 02:48 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible.
Thanks.
if its not a problem, can you please share the name of this contrator. it can help people like me stay away from them.
also can someone respond to the travel query i posted. thnx
Thanks.
if its not a problem, can you please share the name of this contrator. it can help people like me stay away from them.
also can someone respond to the travel query i posted. thnx
meera_godse
01-30 12:55 PM
Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
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kiran24
06-10 04:05 PM
sent it.
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LegalIndianInUSA
07-29 02:37 AM
Yea sure, be scared of corporatiions and defamation suits and let them enslave you. Sheeple mentality.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
feedfront
05-18 12:26 PM
It was for medical form:
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
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chmur
09-11 09:44 AM
The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.
Yes @the beginning of 2010 - 200 K . Now ~@160 K. The flood gates will not open at least for another year. Just like 2009-210, 2010-11 will see significant reduction in backlog , so next year at this time we may be @120 range. That's when it is very close to EB3-I.
Now problem with your analysis is you assume that USCIS will open the flood gates and make EB2-I current letting in all the applications from 2007 -2010 in one shot. That is questionable, especially since they got burnt in 2007 . They will gradually open the gates . And 70-80 K EB2 and EB3-ROW applications between 2007 -2010 sounds little high.
So I do think we will start burning the Eb3-I backlog with 2-3 years, by 5 years all categories will be current.
And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .
Street Justice ??
Yes @the beginning of 2010 - 200 K . Now ~@160 K. The flood gates will not open at least for another year. Just like 2009-210, 2010-11 will see significant reduction in backlog , so next year at this time we may be @120 range. That's when it is very close to EB3-I.
Now problem with your analysis is you assume that USCIS will open the flood gates and make EB2-I current letting in all the applications from 2007 -2010 in one shot. That is questionable, especially since they got burnt in 2007 . They will gradually open the gates . And 70-80 K EB2 and EB3-ROW applications between 2007 -2010 sounds little high.
So I do think we will start burning the Eb3-I backlog with 2-3 years, by 5 years all categories will be current.
And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .
Street Justice ??
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jsb
01-22 10:10 AM
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
Nothing is right or wrong, as meaning of quality of life is a very subjective thing.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
Nothing is right or wrong, as meaning of quality of life is a very subjective thing.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
more...
vin13
02-12 07:40 AM
I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.
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immigrant2007
07-29 01:35 PM
Add CareFirst - Blue Cross Blue Shield
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
advise forall my friends (ots free)
don't comprise on these things on job here:
GC
Salary
Position
Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
advise forall my friends (ots free)
don't comprise on these things on job here:
GC
Salary
Position
Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)
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WAIT_FOR_EVER_GC
07-13 12:05 PM
Read this thread and understand what Q, GC Perm and Teddy are saying.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
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nomi
12-12 12:36 PM
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
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tabletpc
12-20 04:24 PM
Prioritydate,
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
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getgreensoon1
05-23 02:22 PM
Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
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indio0617
11-22 10:40 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
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anurakt
11-19 09:53 AM
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
more...
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nozerd
01-27 11:40 AM
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
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delhiguy
07-09 04:12 PM
delhi..
what is your PD?
2007
what is your PD?
2007
feedfront
09-21 04:55 PM
My attorney's office received RFE mail today (Sept 21, 2010). RFE notice was sent on Sept 10, 2010.
RFE was about deficiency in medical exam report. My doctor is in not USCIS list (he was in list July 2007). Well, I called him and he was busy. I will talk to him again.
RFE is about:
1) Provide med exam report from USCIS authorized Civil Surgeon, and
2) Chest x-ray because TB was +ve
I had provided both. I guess I'll have to redo. I've to reply by Oct 13, 2010.
RFE was about deficiency in medical exam report. My doctor is in not USCIS list (he was in list July 2007). Well, I called him and he was busy. I will talk to him again.
RFE is about:
1) Provide med exam report from USCIS authorized Civil Surgeon, and
2) Chest x-ray because TB was +ve
I had provided both. I guess I'll have to redo. I've to reply by Oct 13, 2010.
GCKaIntezar
01-30 10:51 AM
Waiting for the finalized copy of the flyer. Please post it today, I'll review and re-post for others to comment.
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha