admin
02-21 01:47 PM
Great point arihant. What all of us have to remember is that even if we don't have voting powers, if we can prove that it is in the interest to USA to change these antiquated laws, the lawmakers will act. That is precisely what we are doing currently with the help of QGA.
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spicy_guy
10-28 01:21 PM
you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...
I am not commenting against the previous post or this one. But I personally feel there are some scariest things in US. One of them is lack of heath insurance, even if you have one, you are not 100% sure it protects you when you are in dire need. The cost is DAMN high. Costs your arms and legs.
The 2nd thing, if you are out of job for quite sometime, which itself is scary, on top of that, all your savings evaporate quickly.
In India, you can live without job for an year, without too much impact on your personal life and your finances. Insurance issues... we are fine in India..
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
Yes, there are good things and bad things with both the countries
For me, one of the things is, I am most addicted to this weather :D
Hmm...
I am not commenting against the previous post or this one. But I personally feel there are some scariest things in US. One of them is lack of heath insurance, even if you have one, you are not 100% sure it protects you when you are in dire need. The cost is DAMN high. Costs your arms and legs.
The 2nd thing, if you are out of job for quite sometime, which itself is scary, on top of that, all your savings evaporate quickly.
In India, you can live without job for an year, without too much impact on your personal life and your finances. Insurance issues... we are fine in India..
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
Yes, there are good things and bad things with both the countries
For me, one of the things is, I am most addicted to this weather :D
Hmm...
mirage
03-11 06:26 PM
You made an extremely important and valid point here...
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
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wellwishergc
04-12 07:57 AM
Thanks werc, for this posting.. It makes things very clear!!!
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
more...
rvr_jcop
02-18 10:12 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
venram
05-08 06:49 PM
As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
No big change in my life. Just continuing to live my life as I have been doing all the time. I had never restricted myself due to not having green card in my hand.
- What did you do on the day you received it?
Called my wife first after seeing the emails to share the news. Then immediately called the near and dear ones in India to share the news.
- How did the long wait upset your life?
It did not impact my life as such. Since the time I entered US, I have been having a good job that pays well (I work for a top financial company). Only impact was that I could not travel to India freely due to the H1B stamping requirement. Every time I travelled to India, I had to spend additional time here in US to collect documents and the required things for visa stamping and hand to spend invaluable time in India to go through the visa stamping process.
- How did immigrationvoice help you during this long wait?
The internet site was very helpful as there were lot of people sharing information and ideas.
- Would you like to continue your support to immigration voice and help others waiting?
Yes
- Any advice for everyone?
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
No big change in my life. Just continuing to live my life as I have been doing all the time. I had never restricted myself due to not having green card in my hand.
- What did you do on the day you received it?
Called my wife first after seeing the emails to share the news. Then immediately called the near and dear ones in India to share the news.
- How did the long wait upset your life?
It did not impact my life as such. Since the time I entered US, I have been having a good job that pays well (I work for a top financial company). Only impact was that I could not travel to India freely due to the H1B stamping requirement. Every time I travelled to India, I had to spend additional time here in US to collect documents and the required things for visa stamping and hand to spend invaluable time in India to go through the visa stamping process.
- How did immigrationvoice help you during this long wait?
The internet site was very helpful as there were lot of people sharing information and ideas.
- Would you like to continue your support to immigration voice and help others waiting?
Yes
- Any advice for everyone?
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
more...
mirage
03-11 05:23 PM
Probaby you didn't see the whole list...
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
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akhilmahajan
01-30 10:04 AM
sent the letters to IV and Mr. President.
Thanks a lot.
Please ask your friends and family to do the same.
GO IV GO. TOGETHER WE CAN.
Thanks a lot.
Please ask your friends and family to do the same.
GO IV GO. TOGETHER WE CAN.
more...
venkygct
07-02 03:41 PM
400 - Medical
50 - Fedex
Attorney fees is taken care by my company..
50 - Fedex
Attorney fees is taken care by my company..
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Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
more...
shana04
02-13 12:23 PM
Here is my scenario:
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
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mirage
06-05 08:38 AM
I tried to understand the 'Change jobs after 180 days' of filing I-485, but didn't understand if they are planning to do anything different..
more...
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sanju
07-06 09:03 PM
Hopefull,
Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?
BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.
Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?
BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.
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aroranuj
04-19 12:59 PM
The 1 year of BCom was not required to enroll in the Diploma. However since my field of expertise is Management we were able to combine the 1st year of BCom with my 3 years of Diploma of XYZ Management. My Labor Cert also states that academic studies equivalent to a US Bachelors.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
more...
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songlan
06-19 04:09 PM
You would be little naive or new to say so. Look at my signature, 5 years with retrogress till recently. The waited period 5-7 years is very usual .
holy cow!!!!......its gonna take 4 years from here to get our
green cards?
holy cow!!!!......its gonna take 4 years from here to get our
green cards?
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shiankuraaf
11-25 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
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abqguy
01-15 04:59 PM
Sent the letter. I will get with my Employer to do the same. Also, will try to get with my lawmakers too.
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crystal
02-10 08:44 PM
my receipt also start with wac currently in nsc and there is an lud on my case today .
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gcformeornot
03-26 01:51 PM
many other states including mine has this requirement after 9/11. They require latest(within 1 month) employer letter saying what my name and address is and I work for them.
I have used it atleast 3 times before.......
I have used it atleast 3 times before.......
reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
Kitiara
02-07 09:44 AM
Ah, the question is though, what were you? A good knight or an evil knight? :smirk: